This Article introduces the concept of nudge — low cost behaviorally informed modes of regulation that influence peoples' decisions without limiting their choice set — into the behavioural analysis of international law. The Article sketches out the pathways through which nudges might...

This Article presents an evidentiary theory of substantive criminal law according to which sanctions are distributed in proportion to the strength of the evidence mounted against the defendant. It highlights the potential advantages associated with grading penalties in proportion to the...