Behavioral law and economics

著者

書誌事項

Behavioral law and economics

Eyal Zamir, Doron Teichman

Oxford University Press, 2018

  • : pbk
  • : [hardback]

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注記

Includes index

内容説明・目次

内容説明

In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general. Behavioral Law and Economics offers a state-of-the-art overview of the field. Eyal Zamir and Doron Teichman survey the entire body of psychological research that lies at the basis of behavioral analysis of law, and critically evaluate the core methodological questions of this area of research. Following this, the book discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for setting the law's goals and designing the means to attain them. The book then provides a systematic and critical examination of the contributions of behavioral studies to all major fields of law including: property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law, as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.

目次

Preface Introduction Part I: Economic and Psychological Background Chapter 1. Economic Analysis of Law: An Overview Chapter 2. Behavioral Studies Part II: Behavioral Law and Economics: A Synopsis Chapter 3. An Overview of Behavioral Law and Economics Chapter 4. Normative Implications Chapter 5. Behavioral Insights and Basic Features of the Law Part III: Private and Commercial Law Chapter 6. Property Law Chapter 7. Contract Law Chapter 8. Consumer Contracts Chapter 9. Tort Law Chapter 10. Commercial Law: Corporate Law, Securities Regulation, and Antitrust Part IV: Public Law Chapter 11. Administrative, Constitutional, and International Law Chapter 12: Criminal Law and Enforcement Chapter 13. Tax Law Part V: The Legal Process Chapter 14. Litigants' Behavior Chapter 15. Judicial Decision-Making Chapter 16. Evidence Law Index

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