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Behavioral Law and Economics

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  • Christine Jolls

Abstract

Behavioral economics has been a growing force in many fields of applied economics, including public economics, labor economics, health economics, and law and economics. This paper describes and assesses the current state of behavioral law and economics. Law and economics had a critical (though underrecognized) early point of contact with behavioral economics through the foundational debate in both fields over the Coase theorem and the endowment effect. In law and economics today, both the endowment effect and other features of behavioral economics feature prominently and have been applied in many important legal domains. The paper concludes with reference to a new emphasis in behavioral law and economics on "debiasing through law" - using existing or proposed legal structures in an attempt to reduce people's departures from the traditional economic assumption of unbounded rationality.

Suggested Citation

  • Christine Jolls, 2007. "Behavioral Law and Economics," NBER Working Papers 12879, National Bureau of Economic Research, Inc.
  • Handle: RePEc:nbr:nberwo:12879
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    References listed on IDEAS

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    Cited by:

    1. C. Fritz Foley, 2008. "Welfare Payments and Crime," NBER Working Papers 14074, National Bureau of Economic Research, Inc.
    2. Giovanni B. Ramello, 2016. "The past, present and future of comparative law and economics," Chapters,in: Comparative Law and Economics, chapter 1, pages 3-22 Edward Elgar Publishing.
    3. Bigoni, Maria & Le Coq, ChloƩ & Fridolfsson, Sven-Olof & Spagnolo, Giancarlo, 2008. "Risk Aversion, Prospect Theory, and Strategic Risk in Law Enforcement: Evidence From an Antitrust Experiment," SSE/EFI Working Paper Series in Economics and Finance 696, Stockholm School of Economics.
    4. Radygin Alexandr & Entov Revold & Apevalova E. & Shvetsov P., 2008. "Market Discipline and Contracts: Theory, Empiric Analysis, Law," Research Paper Series, Gaidar Institute for Economic Policy, issue 117P.

    More about this item

    JEL classification:

    • A12 - General Economics and Teaching - - General Economics - - - Relation of Economics to Other Disciplines
    • B00 - Schools of Economic Thought and Methodology - - General - - - History of Economic Thought, Methodology, and Heterodox Approaches
    • D30 - Microeconomics - - Distribution - - - General
    • D61 - Microeconomics - - Welfare Economics - - - Allocative Efficiency; Cost-Benefit Analysis
    • D63 - Microeconomics - - Welfare Economics - - - Equity, Justice, Inequality, and Other Normative Criteria and Measurement
    • D91 - Microeconomics - - Micro-Based Behavioral Economics - - - Role and Effects of Psychological, Emotional, Social, and Cognitive Factors on Decision Making
    • J70 - Labor and Demographic Economics - - Labor Discrimination - - - General
    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)
    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability; Forensic Economics
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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