Open Access. Powered by Scholars. Published by Universities.®

Judges Commons

Open Access. Powered by Scholars. Published by Universities.®

2014

Jeffrey J. Rachlinski

Behavioral law and economics

Articles 1 - 1 of 1

Full-Text Articles in Judges

Cognitive Errors, Individual Differences, And Paternalism, Jeffrey J. Rachlinski Dec 2014

Cognitive Errors, Individual Differences, And Paternalism, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

Legal scholars commonly argue that the widespread presence of cognitive errors in judgment justifies legal intervention to save people from predictable mistakes. Such arguments often fail to account for individual variation in the commission of such errors even though individual variation is probably common. If predictable groups of people avoid making the errors that others commit, then law should account for such differences because those who avoid errors will not benefit from paternalistic interventions and indeed may be harmed by them. The research on individual variation suggests three parameters that might distinguish people who can avoid error: cognitive ability, experience …