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Salience Theory of Judicial Decisions

Author

Listed:
  • Pedro Bordalo
  • Nicola Gennaioli
  • Andrei Shleifer

Abstract

We present a model of judicial decision making in which the judge overweights the salient facts of the case. The context of the judicial decision, which is comparative by nature, shapes which aspects of the case stand out and draw the judge's attention. By focusing judicial attention on such salient aspects of the case, legally irrelevant information can a ect judicial decisions. Our model accounts for a range of recent experimental evidence bearing on the psychology of judicial decisions, including anchoring e ects in the setting of damages, decoy e ects in choice of legal remedies, and framing e ects in the decision to litigate. The model also o ers a new approach to positive analysis of damage awards in torts.

Suggested Citation

  • Pedro Bordalo & Nicola Gennaioli & Andrei Shleifer, "undated". "Salience Theory of Judicial Decisions," Working Paper 132951, Harvard University OpenScholar.
    • Handle: RePEc:qsh:wpaper:132951
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    File URL: http://scholar.harvard.edu/shleifer/node/132951
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    JEL classification:

    • D03 - Microeconomics - - General - - - Behavioral Microeconomics: Underlying Principles
    • K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability; Forensic Economics

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