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Literature Review on Analytical Frameworks
Background Paper to Creating Confident
Consumers
May 2003
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The Goals of
Consumer Law
Writing in Canada, Cayne and Trebilcock (1973) observed:
Even the most casual observer of contemporary
legal literature could not help but note the proliferation of
consumer protection rules. The growing importance of consumerism
has not yet, however, resulted in a concise statement of the
goals which these rules are designed, or should be designed, to
achieve. (p396)
They go on to say that for realistic goals to be set, they
must be capable of justification against a broad conceptual
framework.
Writing in Australia, Duggan (1991) also refers to a
proliferation of consumer protection statutory initiatives and
states that "there is no clearly articulated philosophy of
consumer protection". Further, taken as a whole, the initiatives
that exist are "marred by a failure to be sufficiently explicit
about values and to focus sharply enough on objectives" and,
further, consumer protection lacks a "robust theory".
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