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Tendencies Versus Boundaries: Levels Of Generality In Behavioral Law And Economics, Gregory Mitchell
Tendencies Versus Boundaries: Levels Of Generality In Behavioral Law And Economics, Gregory Mitchell
Vanderbilt Law Review
When evidence on the truth or falsity of a proposition is ambiguous and open to multiple interpretations, psychologists warn about "biased assimilation" of the evidence to support pre-existing theories, beliefs, and attitudes. Therefore, when a skeptic about the public policy implications of psychological research examines the complex mix of evidence on human rationality, he may find much to support his skepticism about the use of psychology to reform the law. Likewise, an optimist about the public policy contributions of psychology may find within this same body of evidence much to bolster his optimistic view that psychological research can be used …
Chicago Man, K-T Man, And The Future Of Behavioral Law And Economics, Robert A. Prentice
Chicago Man, K-T Man, And The Future Of Behavioral Law And Economics, Robert A. Prentice
Vanderbilt Law Review
Most law is aimed at shaping human behavior, encouraging that which is good for society and discouraging that which is bad.' Nonetheless, for most of the history of our legal system, laws were passed, cases were decided, and academics pontificated about the law based on nothing more than common sense assumptions about how people make decisions. A quarter century or more ago, the law and economics movement replaced these common sense assumptions with a well-considered and expressly stated assumption-that man is a rational maximizer of his expected utilities. Based on this premise, law and economics has dominated interdisciplinary thought in …