Debiasing through Law
AbstractIn many settings, human beings are boundedly rational. A distinctive and insufficiently explored legal response to bounded rationality is to attempt to debias through law by steering people in more rational directions. In many domains, existing legal analyses emphasize the alternative approach of insulating outcomes from the effects of boundedly rational behavior, which itself is taken as a given. In fact, however, many legal strategies are efforts to engage in the different approach of debiasing through law by reducing or even eliminating people’s boundedly rational behavior. This paper offers a general account of how debiasing through law does or could work to address legal questions across a range of areas, from consumer safety law to corporate law to property law. Discussion is also devoted to the risks of government manipulation and overshooting that are sometimes raised when debiasing through law is employed.
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Bibliographic InfoArticle provided by University of Chicago Press in its journal The Journal of Legal Studies.
Volume (Year): 35 (2006)
Issue (Month): 1 (01)
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- Landeo, Claudia M., 2009.
"Tort Reform, Disputes and Belief Formation,"
13453, University Library of Munich, Germany.
- Gérard Charreaux, 2009. "Droit et gouvernance:l’apport du courant comportemental," Working Papers FARGO 1091001, Université de Bourgogne - Crego EA 7317/Fargo (Research center in Finance,organizational ARchitecture and GOvernance).
- Kirchgässner, Gebhard, 2012. "Sanfter Paternalismus, meritorische Güter, und der normative Individualismus," Economics Working Paper Series 1217, University of St. Gallen, School of Economics and Political Science.
- Sabine Frerichs, 2011. "False Promises? A Sociological Critique of the Behavioural Turn in Law and Economics," Journal of Consumer Policy, Springer, vol. 34(3), pages 289-314, September.
- Berg, Nathan, 2010. "Behavioral Economics," MPRA Paper 26587, University Library of Munich, Germany.
- Berg, Nathan & Eckel, Catherine & Johnson, Cathleen, 2010. "Inconsistency Pays?: Time-inconsistent subjects and EU violators earn more," MPRA Paper 26589, University Library of Munich, Germany.
- Nathalie Chappe & Raphaël Giraud, 2013. "Confidence, Optimism and Litigation: A Litigation Model under Ambiguity," Working Papers 2013-05, CRESE.
- Dan M. Kahan, 2013. "Ideology, motivated reasoning, and cognitive reflection," Judgment and Decision Making, Society for Judgment and Decision Making, vol. 8(4), pages 407-424, July.
- Michael Faure & Hanneke Luth, 2011. "Behavioural Economics in Unfair Contract Terms," Journal of Consumer Policy, Springer, vol. 34(3), pages 337-358, September.
- Christoph Engel & Elke U. Weber, 2006.
"The Impact of Institutions on the Decision How to Decide,"
Working Paper Series of the Max Planck Institute for Research on Collective Goods
2006_19, Max Planck Institute for Research on Collective Goods.
- Engel, Christoph & Weber, Elke U., 2007. "The impact of institutions on the decision how to decide," Journal of Institutional Economics, Cambridge University Press, vol. 3(03), pages 323-349, December.
- Landeo, Claudia M., 2009. "Cognitive coherence and tort reform," Journal of Economic Psychology, Elsevier, vol. 30(6), pages 898-912, December.
- James Cooper & William Kovacic, 2012. "Behavioral economics: implications for regulatory behavior," Journal of Regulatory Economics, Springer, vol. 41(1), pages 41-58, February.
- Christine Jolls, 2007. "Behavioral Law and Economics," NBER Working Papers 12879, National Bureau of Economic Research, Inc.
- Brice Corgnet & Roberto Hernán-González, 2011. "Don't Ask Me If You Will Not Listen: The Dilemma of Participative Decision Making," Working Papers 11-04, Chapman University, Economic Science Institute.
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