Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Law And Identifiability, Daphna Lewinsohn-Zamir, Ilana Ritov, Tehila Kogut
Law And Identifiability, Daphna Lewinsohn-Zamir, Ilana Ritov, Tehila Kogut
Indiana Law Journal
Psychological studies have shown that people react either more generously or more punitively toward identified individuals than toward unidentified ones. This phenomenon, named the identifiability effect, has received little attention in the legal literature, despite its importance for the law. As a prime example, while legislators typically craft rules that would apply to unidentified people, judges ordinarily deal with identified individuals. The identifiability effect suggests that the outcomes of these two forms of lawmaking may differ, even when they pertain to similar facts and situations.
This Article is a preliminary investigation into the relevance of the identifiability effect for law …