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The Methodology Of The Behavioral Analysis Of Law


The Methodology Of The Behavioral Analysis Of Law
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The Methodology Of The Behavioral Analysis Of Law


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


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



Research Handbook On Behavioral Law And Economics


Research Handbook On Behavioral Law And Economics
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Author : Joshua C. Teitelbaum
language : en
Publisher: Edward Elgar Publishing
Release Date :

Research Handbook On Behavioral Law And Economics written by Joshua C. Teitelbaum and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.


The field of behavioral economics has contributed greatly to our understanding of human decision making by refining neoclassical assumptions and developing models that account for psychological, cognitive, and emotional forces. The field’s insights have important implications for law. This Research Handbook offers a variety of perspectives from renowned experts on a wide-ranging set of topics including punishment, finance, tort law, happiness, and the application of experimental literatures to law. It also includes analyses of conceptual foundations, cautions, limitations and proposals for ways forward.



Behavioral Analysis Of 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


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.




Methodologies Of Legal Research


Methodologies Of Legal Research
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Author : Mark Van Hoecke
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-02-28

Methodologies Of Legal Research written by Mark Van Hoecke and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-28 with Law categories.


Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions.



The Oxford Handbook Of Behavioral Economics And The Law


The Oxford Handbook Of Behavioral Economics And The Law
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Author : Eyal Zamir
language : en
Publisher: Oxford Handbooks
Release Date : 2014

The Oxford Handbook Of Behavioral Economics And The Law written by Eyal Zamir and has been published by Oxford Handbooks this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Business & Economics categories.


'The Oxford Handbook of Behavioral Economics and Law' brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its twenty-nine chapters are organized into four parts.



Advances In The Behavioral Analysis Of Law


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 Analysis Of Maternal Filicide


Behavioral Analysis Of Maternal Filicide
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Author : Joy Lynn E. Shelton
language : en
Publisher: Springer
Release Date : 2014-10-01

Behavioral Analysis Of Maternal Filicide written by Joy Lynn E. Shelton and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-01 with Psychology categories.


Maternal filicide has been discussed in the medical, mental health, and child abuse fields, yet little research exists with a criminal justice/law enforcement perspective. Nevertheless, criminal justice professionals responsible for investigation and prosecution of these offenders often must give attention to unique behavioral, social, and psychological dynamics not considered in many other types of cases. The Federal Bureau of Investigation’s (FBI) Behavioral Analysis Unit (BAU) III – Crimes Against Children identified, collected, and reviewed law enforcement case files in which a biological mother killed her child(ren). Collectively, the cases involve 213 biological mothers who killed 265 children, and are comprised of neonaticide, infanticide, and filicide cases. Data analysis revealed that the offenders ranged in age from 12-46 years, and many were unmarried, unemployed, and had a history of violence. Many of the victims were three years of age or younger, did not live with their biological fathers at the time of their deaths, and had a history of maltreatment most often perpetrated by their mothers. In addition, traditional weapons such as a firearm or knife were used less often compared to asphyxiants and blunt force instruments. The authors explore the tenets of female violence, the mother-child dynamic and mental disorders, and address the complexities associated with investigating and prosecuting maternal filicide offenders. ​



Economic Analysis Of International Law


Economic Analysis Of International Law
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Author : Eugene Kontorovich
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-07-29

Economic Analysis Of International Law written by Eugene Kontorovich and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-29 with Business & Economics categories.


Through original and incisive contributions from leading scholars, this book applies economics and other rational choice methods to an understanding of public international law, providing a bird’s eye view of some of its most fundamental elements from the perspective of economics. The chapters cover a range of topics, beginning with the building blocks of the nation state and continuing with the sources and the enforcement of international law and its various applications and extensions. The application of economic analysis to public international law is still in its formative stages and Economic Analysis of International Law provides a useful overview, as well as setting directions for new research. This volume provides a path through recent literature while identifying new areas and issues for research, making it an invaluable resource for scholars of public international law.