Regulieren durch “Anstoßen“. Nachhaltiger Konsum durch gemeinwohlverträgliche Gestaltung von Entscheidungssituationen

Regulation by “Nudging” – Sustainable Consumption Facilitated by the People Friendly Design of Decision making Situations Sustainable consumption is a weak point on the path to a sustainable society. Various efforts to influence the behaviour of consumers in this sense have yet to lead to any real breakthrough. Consumer research suggests that political steering and regulation are required in order to really change patterns of consumption. The models devised are usually based on the mature consumer. Motivational and learning processes are considered important preconditions for the emergence of sustainable consumption patterns. On the contrary, this article assumes that people are often phlegmatic and inattentive and make poor decisions. This article draws on the “nudge” approach developed by Americans Richard H. Thaler and Cass R. Sunstein and examines the extent to which the design of decision-making situations “for the commmon good” can be implemented in order to promote sustainable consumption. This article classifies the approach in the environmental-instrument category. From a legal perspective, the article analyses how new legislation can deal with different consumer environments and how new laws can secure proportionality, the common good, the enforcement and the control of “nudges”. Using a selected sample, a regulated decision making situation will be presented in Germany and complemented by initiatives to optimise the decision making situation. Consumer research suggests that political steering and regulation are required in order to really change patterns of consumption