... at the relatively new and popular field of behavioral economics, particularly behavioral law and economics. Behavioral economics incorporates insights from experimental psychology and economics to account for anomalies in rational decision-making, such as endowment effects, weakness of will, and inaccurate risk...

... agreement ZOPA advisors bias endowment effect theory rational behaviour stability of possession Apple Qualcomm Dispute deliberation experimental psychology heuristics risk ‘split the difference’ rule rationality theory law and economics behavioral law and economics choice game theory...

... privacy ‘gaming the system’ ‘butterfly’ effect heterogeneous rationality capital markets digitalisation financial conduct financial services legislation cryptocurrencies smart contracts corporate governance decision making under uncertainty bounded rationality behavioral law and economics...

... accountability Katyal Neal Kumar Pettibone v United States stealth regulation Kenny Anthony abortion law Supreme Court of the United States management misconduct Sarbanes Oxley Act abusive relationships Koons Judith Mahoney Martha R abortion behavioral law and economics criminal law jurisprudence...

...This chapter considers the psychological, methodological, and normative paths taken by behavioral law and economics (“BLE”) and alternative paths that BLE might have taken, and might still take. The counterfactual BLE imagined here focuses on performing behavioral analyses of legal problems rather...

... Rule Restatement of Torts The Walt Disney Co Derivative Litigation 2006 Farnsworth E A Peel E Treitel G H Hadley v Baxendale hindsight bias behavioral law and economics judicial decision-making debiasing negligence tort law We are all Monday-morning quarterbacks; that is the key finding...

...This chapter argues that a behavioral law and economics approach to tax is deeply needed for a wider normative analysis of the impacts of law on social welfare. The absence of traditional markets to serve as arbitrage mechanisms in public finance means that suboptimal tax and fiscal systems can...

... experimental economics legal theory law and economics behavioral law and economics choice trust empirical legal studies ¹ Helpful comments by Hanjo Hamann, Majbritt Sterba, and the participants of the 2017 EUI workshop on Theories of Choice, are gratefully acknowledged...

... deliberation individual choice legal theory law and economics behavioral law and economics choice nudges libertarian paternalism The premise of behavioural law and economics (‘BLE’) is the need to modify the rational actor model to take into account empirical insights from psychology in general...

...The conclusion to this book situates the study of law and psychoanalysis in relationship to two dominant and related trends in legal thought: the behavioral law and economics movement and liberal legal theory. Psychoanalysis joins up with but also importantly modifies the portrait of the individual...

....   William and Mary Law Review 43 :1907–2021. Mitchell, G.   2003 . Why law and economics’ perfect rationality should not be traded for behavioral law and economics’ equal incompetence.   Georgetown Law Journal 91 :67–167. Moeller, S. B. , F. P. Schlingemann , and R. M. Stultz . 2005...

...The chapter introduces behavioral law and economics. It is divided into three sections. The first section describes the history of behavioral law and economics since the late 1970s. The second section discusses the methodologies used in this sphere, including the emergence of empirical legal...

... Loewald Hans Love and aggression Mitchell Stephen Tort law Winnicott Donald W Cultural norms Paternalism Antidiscrimination theory Aristodemou Maria Behavioral law and economics Brooks Peter Caruth Cathy Caudill David Confession Dunkin Martha Grace Felman Shoshana Feminism Gilligan Carol...

... (and rejects) criticisms of behavioral law by economists, legal scholars, and philosophers. Finally, the chapter seeks to point to the next research steps in behavioral law. Rowell A behavioral law and economics BLE rational choice theory Kahneman D Tversky A framing effects Barberis N C Coase R Cooter...

... based on behavioral psychology or behavioral economics. The shift to behavioral law-and-economics, which is still under way, has arrived in three waves. The first wave showed that actors often make decisions without being fully informed, without adequately processing the available information...

... sociological approaches consumer law EU law unfair commercial practices behavioral law and economics lawmaking information The ambitious project of this volume is to map out, in a rational and reasoned manner, which theory or theories of choice lawyers and policy makers should use in which situations...

... with the traditional ethos of criminal law. Becker Gary economic model of crime self defense Bentham Jeremy hedonism rationality behavioral law and economics efficiency Posner Richard probability of detection and conviction Shavell Steven anti social behavior risk aversion negative externalities fines...