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Decision making

Experimental Analysis of Behavior

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Full-Text Articles in Law

Against Game Theory, Gale M. Lucas, Mathew D. Mccubbins, Mark Turner Jan 2015

Against Game Theory, Gale M. Lucas, Mathew D. Mccubbins, Mark Turner

Faculty Scholarship

People make choices. Often, the outcome depends on choices other people make. What mental steps do people go through when making such choices? Game theory, the most influential model of choice in economics and the social sciences, offers an answer, one based on games of strategy such as chess and checkers: the chooser considers the choices that others will make and makes a choice that will lead to a better outcome for the chooser, given all those choices by other people. It is universally established in the social sciences that classical game theory (even when heavily modified) is bad at …


The Methodology Of The Behavioral Analysis Of Law, Avishalom Tor Nov 2013

The Methodology Of The Behavioral Analysis Of Law, Avishalom Tor

Avishalom Tor

This article examines the behavioral analysis of law, meaning the application of empirical behavioral evidence to legal analysis, which has become increasingly popular in legal scholarship in recent years. Following the introduction in Part I, this Article highlights four central propositions on the subject. The first, developed in Part II, asserts that the efficacy of the law often depends on its accounting for relevant patterns of human behavior, most notably those studied by behavioral decision scientists. This Part therefore reviews important behavioral findings, illustrating their application and relevance to a broad range of legal questions. Part III then argues that …


The Theory Of Minds Within The Theory Of Games, Mathew D. Mccubbins, Mark Turner, Nicholas Weller Jan 2012

The Theory Of Minds Within The Theory Of Games, Mathew D. Mccubbins, Mark Turner, Nicholas Weller

Faculty Scholarship

Classical rationality as accepted by game theory assumes that a human chooser in a given moment has consistent preferences and beliefs and that actions result consistently from those preferences and beliefs, and moreover that these preferences, beliefs, and actions remain the same across equal choice moments. Since, as is widely found in prior experiments, subjects do not follow the predictions of classical rationality, behavioral game theorists have assumed consistent deviations from classical rationality by assigning to subjects certain dispositions— risk preference, cognitive abilities, social norms, etc. All of these theories are fundamentally cognitive theories, making claims about how individual human …


Knowing When To Trust Others: An Erp Study Of Decision-Making After Receiving Information From Unknown People, Cheryl Boudreau, Mathew D. Mccubbins, Seana Coulson Jan 2009

Knowing When To Trust Others: An Erp Study Of Decision-Making After Receiving Information From Unknown People, Cheryl Boudreau, Mathew D. Mccubbins, Seana Coulson

Faculty Scholarship

To address the neurocognitive mechanisms that underlie choices made after receiving information from an anonymous individual, reaction times (Experiment 1) and event-related brain potentials (Experiment 2) were recorded as participants played 3 variants of the Coin Toss game. In this game, participants guess the outcomes of unseen coin tosses after a person in another room (dubbed “the reporter”) observes the coin toss outcomes and then sends reports (which may or may not be truthful) to participants about whether the coins landed on heads or tails. Participants knew that the reporter's interests either were aligned with their own (Common Interests), opposed …


The Methodology Of The Behavioral Analysis Of Law, Avishalom Tor Jan 2008

The Methodology Of The Behavioral Analysis Of Law, Avishalom Tor

Journal Articles

This article examines the behavioral analysis of law, meaning the application of empirical behavioral evidence to legal analysis, which has become increasingly popular in legal scholarship in recent years. Following the introduction in Part I, this Article highlights four central propositions on the subject. The first, developed in Part II, asserts that the efficacy of the law often depends on its accounting for relevant patterns of human behavior, most notably those studied by behavioral decision scientists. This Part therefore reviews important behavioral findings, illustrating their application and relevance to a broad range of legal questions. Part III then argues that …