The Oxford Handbook of Behavioral Economics and the Law

Hardcover | October 30, 2014

EditorEyal Zamir, Doron Teichman

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The past twenty years have witnessed a surge in behavioral studies of law and law-related issues. These studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. This integration ofeconomics, psychology, and law is breaking exciting new ground in legal theory and the social sciences, shedding a new light on age-old legal questions as well as cutting edge policy issues.The Oxford Handbook of Behavioral Economics and Law brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its 29chapters organized in four parts. The first part provides a general overview of behavioral economics. The second part comprises four chapters introducing and criticizing the contribution of behavioral economics to legal theory. The third part discusses specific behavioral phenomena, theirramifications for legal policymaking, and their reflection in extant law. Finally, the fourth part analyzes the contribution of behavioral economics to fifteen legal spheres ranging from core doctrinal areas such as contracts, torts and property to areas such as taxation and antitrust policy.

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The past twenty years have witnessed a surge in behavioral studies of law and law-related issues. These studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. This integration ofeconomics, psychology, and law is breaking exc...

Eyal Zamir holds an LL.B. and Dr.Jur. from the Hebrew University of Jerusalem. He is Augusto Levi Professor of Commercial Law at the Hebrew University, where he served as Dean of the Faculty of Law from 2002 to 2005. Professor Zamir was a visiting researcher or visiting professor at Harvard, Yale, NYU, Georgetown, UCLA, and Zurich law ...

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Format:HardcoverDimensions:800 pages, 9.75 × 6.75 × 0.98 inPublished:October 30, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199945470

ISBN - 13:9780199945474

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Table of Contents

IntroductionI. BEHAVIORAL ECONOMICS: AN OVERVIEW1. Jonathan Baron: Heuristics and Biases2. Simon Gechter: Human Pro-Social Motivation and the Maintenance of Social Order3. Jonathan Baron: Moral JudgmentII. BEHAVIORAL ECONOMICS AND THE LAW: AN OVERVIEW AND CRITIQUE4. Thomas S. Ulen: The Importance of Behavioral Law5. Christoph Engel: Behavioral Law and Economics: Empirical Methods6. Daniel Pi, Francesco Parisi, and Barbara Luppi: Biasing, Debiasing, and the Law7. Gregory Mitchell: Alternative BLEsIII. BEHAVIORAL ECONOMICS AND THE LAW: SPECIFIC BEHAVIORAL PHENOMENA8. Lynn A. Stout: Law and Prosocial Behavior9. Yuval Feldman: Behavioral Ethics Meets Behavioral Law and Economics10. Kenworthey Bilz and Janice Nadler: Law, Moral Attitudes, and Behavioral Change11. Eyal Zamir: Law's Loss Aversion12. Russell Korobkin: Wrestling with the Endowment Effect, or How to Do Law and Economics without the Coase Theorem13. Sean Hannon Williams: Probability Errors: Over-Optimism, Ambiguity Aversion, and the Certainty Effect14. Doron Teichman: The Hindsight Bias and the Law in HindsightIV. BEHAVIORAL ECONOMICS: LEGAL APPLICATIONS15. Daphna Lewinsohn-Zamir: Behavioral Law and Economics of Property Law: Achievements and Challenges16. Yoed Halbersberg and Ehud Guttel: The Behavioral Economics of Tort Law17. Melvin A. Eisenberg: Behavioral Economics and Contract Law18. Oren Bar-Gill: Consumer Transactions19. Tom Baker and Peter Siegelman: Behavioral Economics and Insurance Law: The Importance of Equilibrium Analysis20. Kent Greenfield: The End of Contractarianism? Behavioral Economics and the Law of Corporations21. Avishalom Tor: The Market, the Firm, and Behavioral Antitrust22. Alon Harel: Behavioral Analysis of Criminal Law: A Survey23. Edward J. McCaffery: Behavioral Economics and the Law: Tax24. Jennifer K. Robbennolt: Litigation and Settlement25. Russell Covey: Behavioral Economics and Plea Bargaining26. Doron Teichman and Eyal Zamir: Judicial Decisionmaking: A Behavioral Perspective27. Fredrick E. Vars: Evidence Law28. Cass R. Sunstein: Nudges.gov: Behaviorally Informed Regulation29. Adrian Kuenzler and Douglas Kysar: Environmental Law