The Oxford Handbook of Behavioral Economics and the Law

by Eyal Zamir (Editor), Doron Teichman (Editor)

Overview

The past twenty years have witnessed a surge in behavioral studies of law and law-related issues. These studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. This integration of economics, psychology, and law is breaking exciting new ground in legal theory and the social sciences, shedding a new light on age-old legal questions as well as cutting edge policy issues. 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 29 chapters organized in four parts. The first part provides a general overview of behavioral economics. The second part comprises four chapters introducing and criticizing the contribution of behavioral economics to legal theory. The third part discusses specific behavioral phenomena, their ramifications for legal policymaking, and their reflection in extant law. Finally, the fourth part analyzes the contribution of behavioral economics to fifteen legal spheres ranging from core doctrinal areas such as contracts, torts and property to areas such as taxation and antitrust policy.

Product Details

ISBN-13:	9780199397952
Publisher:	Oxford University Press
Publication date:	09/16/2014
Series:	Oxford Handbooks
Sold by:	Barnes & Noble
Format:	eBook
Pages:	496
File size:	3 MB

About the Author

Eyal Zamir holds an LL.B. and Dr.Jur. from the Hebrew University of Jerusalem. He is Augusto Levi Professor of Commercial Law at the Hebrew University, where he served as Dean of the Faculty of Law from 2002 to 2005. Professor Zamir was a visiting researcher or visiting professor at Harvard, Yale, NYU, Georgetown, UCLA, and Zurich law schools. He has authored or edited thirteen books and published some fifty articles in Israeli and American law journals, including the Columbia Law Review, the Journal of Legal Studies, California Law Review, Virginia Law Review, and the American Journal of International Law. Doron Teichman is a professor in the Faculty of Law at Hebrew University of Jerusalem. He holds a B.A. (econ) and LL.B. from Tel Aviv University, and an LL.M and J.S.D from the University of Michigan. Teichman has taught at several leading law schools including Columbia, Michigan and Texas. His articles have been published in venues such as: the Michigan Law Review, the NYU Law Review, and the Journal of Empirical Legal Studies.

Table of Contents

Introduction I. BEHAVIORAL ECONOMICS: AN OVERVIEW 1. Heuristics and Biases Jonathan Baron 2. Human Pro-Social Motivation and the Maintenance of Social Order Simon Gächter 3. Moral Judgment Jonathan Baron II. BEHAVIORAL ECONOMICS AND THE LAW: AN OVERVIEW AND CRITIQUE 4. The Importance of Behavioral Law Thomas S. Ulen 5. Behavioral Law and Economics: Empirical Methods Christoph Engel 6. Biasing, Debiasing, and the Law Daniel Pi, Francesco Parisi, and Barbara Luppi 7. Alternative BLEs Gregory Mitchell III. BEHAVIORAL ECONOMICS AND THE LAW: SPECIFIC BEHAVIORAL PHENOMENA 8. Law and Prosocial Behavior Lynn A. Stout 9. Behavioral Ethics Meets Behavioral Law and Economics Yuval Feldman 10. Law, Moral Attitudes, and Behavioral Change Kenworthey Bilz and Janice Nadler 11. Law's Loss Aversion Eyal Zamir 12. Wrestling with the Endowment Effect, or How to Do Law and Economics without the Coase Theorem Russell Korobkin 13. Probability Errors: Over-Optimism, Ambiguity Aversion, and the Certainty Effect Sean Hannon Williams 14. The Hindsight Bias and the Law in Hindsight Doron Teichman IV. BEHAVIORAL ECONOMICS: LEGAL APPLICATIONS 15. Behavioral Law and Economics of Property Law: Achievements and Challenges Daphna Lewinsohn-Zamir 16. The Behavioral Economics of Tort Law Yoed Halbersberg and Ehud Guttel 17. Behavioral Economics and Contract Law Melvin A. Eisenberg 18. Consumer Transactions Oren Bar-Gill 19. Behavioral Economics and Insurance Law: The Importance of Equilibrium Analysis Tom Baker and Peter Siegelman 20. The End of Contractarianism? Behavioral Economics and the Law of Corporations Kent Greenfield 21. The Market, the Firm, and Behavioral Antitrust Avishalom Tor 22. Behavioral Analysis of Criminal Law: A Survey Alon Harel 23. Behavioral Economics and the Law: Tax Edward J. McCaffery 24. Litigation and Settlement Jennifer K. Robbennolt 25. Behavioral Economics and Plea Bargaining Russell Covey 26. Judicial Decisionmaking: A Behavioral Perspective Doron Teichman and Eyal Zamir 27. Evidence Law Fredrick E. Vars 28. Nudges.gov: Behaviorally Informed Regulation Cass R. Sunstein 29. Environmental Law Adrian Kuenzler and Douglas Kysar