Behavioral Analysis Of Law
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The Methodology Of The Behavioral Analysis Of Law
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Author : Avishalom Tor
language : en
Publisher:
Release Date : 2009
The Methodology Of The Behavioral Analysis Of Law written by Avishalom Tor and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with categories.
This article examines the behavioral analysis of law, meaning the application of empirical behavioral evidence to legal analysis, which has become increasingly popular in legal scholarship in recent years. Following the introduction in Part I, this Article highlights four central propositions on the subject. The first, developed in Part II, asserts that the efficacy of the law often depends on its accounting for relevant patterns of human behavior, most notably those studied by behavioral decision scientists. This Part therefore reviews important behavioral findings, illustrating their application and relevance to a broad range of legal questions. Part III then argues that the behavioral approach is empirically driven, engaging in both the theoretical application of extant empirical findings to the law and the generation of new, legally relevant, experimental and observational evidence. As this Part shows, moreover, each of these behavioral genres possesses different methodological strengths and weaknesses, and they therefore both substitute for and complement one another, in different respects. Part IV explains that the behavioral approach encounters a series of "gaps" between the type of empirical evidence provided by behavioral decision researchers and the data required to resolve legal questions. Legal scholars should therefore be aware of these gaps, which may limit the usefulness of extant behavioral evidence for legal analysis. This Part also addresses what legal scholars may do to overcome these gaps and distinguish real gaps from imaginary ones. Part V completes the body of the Article, arguing that the behavioral analysis of law is simultaneously normatively neutral and normatively relevant. It is normatively neutral because the behavioral analysis of law is not committed to any specific legal goal or value system. This fundamental neutrality, in turn, makes the behavioral approach a versatile instrument, which can help generate important normative conclusions in the service of scholars evaluating the law based on any normative criteria - from justice to welfare and more. Part VI concludes.
Behavioral Law And Economics
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Author : Eyal Zamir
language : en
Publisher: Oxford University Press
Release Date : 2018
Behavioral Law And Economics written by Eyal Zamir and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Economics categories.
Economic analysis of law: an overview -- Behavioral studies -- An overview of behavioral law and economics -- Normative implications -- Behavioral insights and basic features of the law -- Property law -- Contract law -- Consumer contracts -- Tort law -- Commercial law -- Administrative, constitutional, and international law -- Criminal law and enforcement -- Tax law and redistribution -- Litigants' behavior -- Judicial decision-making -- Evidence law
Behavioral Analysis Of Law
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Author : Cass R. Sunstein
language : en
Publisher:
Release Date : 1997
Behavioral Analysis Of Law written by Cass R. Sunstein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law and economics categories.
Behavioral Analysis Of Law
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Author : Avishalom Tor
language : en
Publisher:
Release Date : 1999
Behavioral Analysis Of Law written by Avishalom Tor and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with categories.
Advances In The Behavioral Analysis Of Law
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Author : Avishalom Tor
language : en
Publisher:
Release Date : 2011
Advances In The Behavioral Analysis Of Law written by Avishalom Tor and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
Behavioral Law And Economics
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Author : Cass R. Sunstein
language : en
Publisher: Cambridge University Press
Release Date : 2000-03-28
Behavioral Law And Economics written by Cass R. Sunstein and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-03-28 with Business & Economics categories.
Analyzes law with reference to new findings in cognitive psychology and behavioral economics.
Comment
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Author : Jennifer Arlen
language : en
Publisher:
Release Date : 2001
Comment written by Jennifer Arlen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with categories.
Behavioral Economic Analysis of Law argues that people do not behave consistent with rational choice theory, and moreover that the deviations from rational behavior are systematic. These systematic deviations from rational choice theory present a challenge to conventional Law and Economics. Nevertheless, this Comment argues that Behavioral Economic Analysis of Law is not in a position to supplant conventional Law and Economics. In many circumstances rational choice remains a reasonable description of individual choice because many -- though not all -- cognitive biases are muted as people learn by experience, work within organizations, or obtain advice from experts. In addition, Behavioral Economic Analysis of Law generally cannot make defensible alternative normative policy prescriptions to govern those circumstances where people are not rational because it does not yet have a coherent, robust, useful alternative model of human behavior to serve as a basis for such recommendations. This Comment demonstrates the limitations of behavioral analysis by examining three cognitive biases: the endowment effect, over-optimism, and a concern for fairness. The Comment shows that it is difficult to base policy on these biases because they are present in some circumstances but not in other, often seemingly similar, circumstances. Moreover, it often will be difficult to predict how these biases affect actual decision making because the environment in which people actually operate is far more complex than that of most behavioral experiments. Finally, even when biases are predictable, the normative policy implications are far from clear: government efforts to address biases generally entail the intervention of judges, legislators or bureaucrats who also would be subject to various biases. The very power of the behavioralist critique - that even educated people exhibit certain biases- undercuts efforts to intervene to redress them.
Behavioral Analysis Of Corporate Law
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Author : Northwestern School of Law
language : en
Publisher:
Release Date : 2005
Behavioral Analysis Of Corporate Law written by Northwestern School of Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Securities categories.
Behavioral Law And Economics Introduction
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Author : Eyal Zamir
language : en
Publisher:
Release Date : 2018
Behavioral Law And Economics Introduction written by Eyal Zamir and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general.This is the introduction of the book Behavioral Law and Economics (OUP, 2018). The book offers a state-of-the-art overview of the field. It surveys the entire body of psychological research underpinning behavioral analysis of law, and critically evaluate the core methodological questions of this area of research. The book then discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for establishing the aims of legislation, and the means of attaining them. This is followed by a systematic and critical examination of the contributions of behavioral studies to all major fields of law--property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law--as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.
Taking Behaviorism Too Seriously
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Author : Gregory Mitchell
language : en
Publisher:
Release Date : 2002
Taking Behaviorism Too Seriously written by Gregory Mitchell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.