The Oxford Handbook of Behavioral Economics and the Law

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.

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The Oxford Handbook of Behavioral Economics and the Law

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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.

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Product Details

  • ISBN-13: 9780199945474
  • Publisher: Oxford University Press
  • Publication date: 10/16/2014
  • Series: Oxford Handbooks Series
  • Pages: 840
  • Product dimensions: 9.90 (w) x 7.20 (h) x 2.10 (d)

Meet 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.

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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 G├Ąchter

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

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