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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.Behavioral Law and Economics offers a state-of-the-art overview of the field. Eyal Zamir and Doron Teichman survey the entire body of psychological research that lies at the basis of behavioral analysis of law, and critically evaluate the core methodological questions of this area of research. Following this, the book discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for setting the law's goals and designing the means to attain them. The book then provides a systematic and critical examination of the contributions of behavioral studies to all major fields of law including: 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.
This book investigates how empirical findings regarding bounded rationality and cognitive biases necessitate a fundamental restructuring of traditional economic analysis within legal scholarship. Authors Eyal Zamir and Doron Teichman, both established scholars in the field of law and economics, synthesize decades of experimental research to challenge the assumption of perfect rationality in legal actors. They propose a framework that integrates psychological insights into the design and evaluation of legal rules across diverse domains of law.
What You Will Find
Scope Limits
Experts recognize this work as a definitive, high-level synthesis of behavioral law and economics. Readers frequently note the academic density of the prose, which is intended for legal scholars, practitioners, and advanced students of the discipline.
Page Count:
640
Publication Date:
2018-07-03
Publisher:
Oxford University Press
ISBN-10:
0190901349
ISBN-13:
9780190901349
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