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A Behavioral Approach to Law and Economics
Open accessAbstract
Economic analysis of law usually proceeds under the assumptions of neoclassical economics. But empirical evidence gives much reason to doubt these assumptions; people exhibit bounded rationality, bounded self-interest, and bounded willpower. This article offers a broad vision of how law and economics analysis may be improved by increased attention to insights about actual human behavior. It considers specific topics in the economic analysis of law and proposes new models and approaches for addressing these topics. The analysis of the article is organized into three categories: positive, prescriptive, and normative. Positive analysis of law concerns how agents behave in response to legal rules and how legal rules are shaped. Prescriptive analysis concerns what rules should be adopted to advance specified ends. Normative analysis attempts to assess more broadly the ends of the legal system: Should the system always respect people's choices? By drawing attention to cognitive and motivational problems of both citizens and government, behavioral law and economics offers answers distinct from those offered by the standard analysis.
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Citations
Cites
Myopia and Inconsistency in Dynamic Utility Maximization
Strotz, R. H. (1955) · The Review of Economic Studies · doi:10.2307/2295722 · Cited by 2,834
Sunstein, C. R. (1997) · Free Markets and Social Justice · doi:10.1093/oso/9780195102727.003.0003 · Cited by 175
Self-citation
Cited by
Homo Heuristicus: Why Biased Minds Make Better Inferences
Gigerenzer, G., & Brighton, H. (2009) · Topics in Cognitive Science · doi:10.1111/j.1756-8765.2008.01006.x · Cited by 1,801
Motivated numeracy and enlightened self-government
KAHAN, D. M., PETERS, E., DAWSON, E. C., & SLOVIC, P. (2017) · Behavioural Public Policy · doi:10.1017/bpp.2016.2 · Cited by 883
Anomalies: Utility Maximization and Experienced Utility
Kahneman, D., & Thaler, R. H. (2005) · doi:10.2139/ssrn.870494 · Cited by 639
Self-citationStakeholders, reciprocity, and firm performance
Bosse, D. A., Phillips, R. A., & Harrison, J. S. (2009) · Strategic Management Journal · doi:10.1002/smj.743 · Cited by 558
The Psychology of Competition: A Social Comparison Perspective
Garcia, S. M., Tor, A., & Schiff, T. M. (2013) · Perspectives on Psychological Science · doi:10.1177/1745691613504114 · Cited by 520
Metadata
- Authors
- Jolls, C., Sunstein, C. R., & Thaler, R.
- Venue
- Stanford Law Review
- Publisher
- JSTOR
- Published
- 1998-05
- Volume
- 50
- Issue
- 5
- Pages
- 1471
- ISSN
- 0038-9765 (ISSN-L)
- OpenAlex
- W1792494105
- Cited by
- 1,222
- References
- 2
- FWCI
- 71.46
- Type
- journal article
- Language
- en
- Open access
- green
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Contains information from the Semantic Scholar Academic Graph Datasets, made available under the ODC Attribution License (ODC-BY 1.0).
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