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Full-Text Articles in Law

Loss Aversion And The Law, Eyal Zamir Apr 2012

Loss Aversion And The Law, Eyal Zamir

Vanderbilt Law Review

According to the rational choice theory of human behavior-the predominant theory in economics and an influential theory in other disciplines, including law-people strive to enhance their own well- being. Among the available options, they rationally choose the one that would maximize their expected utility, determined in absolute terms.


Law, Emotion, And Terra Nova: Neal Feigenson As Both Radical And Reformer, Terry A. Maroney Jan 2012

Law, Emotion, And Terra Nova: Neal Feigenson As Both Radical And Reformer, Terry A. Maroney

Vanderbilt Law School Faculty Publications

Law and emotion scholarship can engage with law on its own terms. It can seek to expose moments where the law already incorporates some kind of emotional component, and it can show how a richer understanding of emotion could inform or refine how the law treats that component. With crimes of passion, for example, we might ask people to notice how that aspect of criminal law doctrine privileges some emotions over others. For example, anger is more valued than contempt. We might also ask them to notice how the law reflects lay theories of how those emotions operate. For example, …