IDEAS home Printed from https://ideas.repec.org/a/bpj/rlecon/v17y2021i2p385-418n5.html
   My bibliography  Save this article

Behavioral Economics and Court Decision-Making

Author

Listed:
  • Teichman Doron
  • Zamir Eyal

    (The Hebrew University of Jerusalem Faculty of Law, Jerusalem9190501, Israel)

Abstract

The economic analysis of law assumes that court decisions are key to incentivizing people and maximizing social welfare. This article reviews the behavioral literature on court decision making, and highlights numerous heuristics and biases that impact judges and jurors and cause them to make decisions that diverge from the social optimum. In light of this review, the article analyzes some of the institutional features of the court system that may help minimize the costs of biased decisions in the courts.

Suggested Citation

  • Teichman Doron & Zamir Eyal, 2021. "Behavioral Economics and Court Decision-Making," Review of Law & Economics, De Gruyter, vol. 17(2), pages 385-418, July.
    • Handle: RePEc:bpj:rlecon:v:17:y:2021:i:2:p:385-418:n:5
    DOI: 10.1515/rle-2021-0058
    as

    Download full text from publisher

    File URL: https://doi.org/10.1515/rle-2021-0058
    Download Restriction: For access to full text, subscription to the journal or payment for the individual article is required.
    File URL: https://libkey.io/10.1515/rle-2021-0058?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    More about this item

    Keywords

    behavioral law and economics; judicial decision making; anchoring; hindsight bias; debias;
    All these keywords.

    JEL classification:

    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bpj:rlecon:v:17:y:2021:i:2:p:385-418:n:5. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.degruyter.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.