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Heuristics and the Law

Editor

Listed:
  • Gerd Gigerenzer
    ()

    (Max Planck Institute for Human Development)

  • Christoph Engel
    ()

    (Max Planck Institute for Human Development)

Abstract

In recent decades, the economists' concept of rational choice has dominated legal reasoning. And yet, in practical terms, neither the lawbreakers the law addresses nor officers of the law behave as the hyperrational beings postulated by rational choice. Critics of rational choice and believers in "fast and frugal heuristics" propose another approach: using certain formulations or general principles (heuristics) to help navigate in an environment that is not a well-ordered setting with an occasional disturbance, as described in the language of rational choice, but instead is fundamentally uncertain or characterized by an unmanageable degree of complexity. This is the intuition behind behavioral law and economics. In Heuristics and the Law, experts in law, psychology, and economics explore the conceptual and practical power of the heuristics approach in law. They discuss legal theory; modeling and predicting the problems the law purports to solve; the process of making law, in the legislature or in the courtroom; the application of existing law in the courts, particularly regarding the law of evidence; and implementation of the law and the impact of law on behavior.

Suggested Citation

  • Gerd Gigerenzer & Christoph Engel (ed.), 2006. "Heuristics and the Law," MIT Press Books, The MIT Press, edition 1, volume 1, number 0262072750, January.
  • Handle: RePEc:mtp:titles:0262072750
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    Cited by:

    1. Christoph Engel, 2017. "Empirical Methods for the Law," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2017_07, Max Planck Institute for Research on Collective Goods.
    2. Christoph Engel, 2007. "Institutions for Intuitive Man," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2007_12, Max Planck Institute for Research on Collective Goods.
    3. repec:beh:jbepv1:v:1:y:2017:i:s:p:33-39 is not listed on IDEAS

    More about this item

    Keywords

    heuristics; law;

    JEL classification:

    • K0 - Law and Economics - - General

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