The Oxford handbook of behavioral economics and the law
- Oxford Oxford University Press 2014
- xii, 824 p.
Table of Contents Introduction
I. BEHAVIORAL ECONOMICS: AN OVERVIEW 1. Heuristics and Biases Jonathan Baron
2. Human Pro-Social Motivation and the Maintenance of Social Order Simon Gächter
3. Moral Judgment Jonathan Baron
II. BEHAVIORAL ECONOMICS AND THE LAW: AN OVERVIEW AND CRITIQUE 4. The Importance of Behavioral Law Thomas S. Ulen
5. Behavioral Law and Economics: Empirical Methods Christoph Engel
6. Biasing, Debiasing, and the Law Daniel Pi, Francesco Parisi, and Barbara Luppi
7. Alternative BLEs Gregory Mitchell
III. BEHAVIORAL ECONOMICS AND THE LAW: SPECIFIC BEHAVIORAL PHENOMENA 8. Law and Prosocial Behavior Lynn A. Stout
9. Behavioral Ethics Meets Behavioral Law and Economics Yuval Feldman
10. Law, Moral Attitudes, and Behavioral Change Kenworthey Bilz and Janice Nadler
11. Law's Loss Aversion Eyal Zamir
12. Wrestling with the Endowment Effect, or How to Do Law and Economics without the Coase Theorem Russell Korobkin
13. Probability Errors: Over-Optimism, Ambiguity Aversion, and the Certainty Effect Sean Hannon Williams
14. The Hindsight Bias and the Law in Hindsight Doron Teichman
IV. BEHAVIORAL ECONOMICS: LEGAL APPLICATIONS 15. Behavioral Law and Economics of Property Law: Achievements and Challenges Daphna Lewinsohn-Zamir
16. The Behavioral Economics of Tort Law Yoed Halbersberg and Ehud Guttel
17. Behavioral Economics and Contract Law Melvin A. Eisenberg
18. Consumer Transactions Oren Bar-Gill
19. Behavioral Economics and Insurance Law: The Importance of Equilibrium Analysis Tom Baker and Peter Siegelman
20. The End of Contractarianism? Behavioral Economics and the Law of Corporations Kent Greenfield
21. The Market, the Firm, and Behavioral Antitrust Avishalom Tor
22. Behavioral Analysis of Criminal Law: A Survey Alon Harel
23. Behavioral Economics and the Law: Tax Edward J. McCaffery
24. Litigation and Settlement Jennifer K. Robbennolt
25. Behavioral Economics and Plea Bargaining Russell Covey
26. Judicial Decisionmaking: A Behavioral Perspective Doron Teichman and Eyal Zamir
27. Evidence Law Fredrick E. Vars
28. Nudges.gov: Behaviorally Informed Regulation Cass R. Sunstein
29. Environmental Law Adrian Kuenzler and Douglas Kysar
The past twenty years have witnessed a surge in behavioral studies of law and law-related issues. These studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. This integration of economics, psychology, and law is breaking exciting new ground in legal theory and the social sciences, shedding a new light on age-old legal questions as well as cutting edge policy issues.
The Oxford Handbook of Behavioral Economics and Law brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its 29 chapters organized in four parts. The first part provides a general overview of behavioral economics. The second part comprises four chapters introducing and criticizing the contribution of behavioral economics to legal theory. The third part discusses specific behavioral phenomena, their ramifications for legal policymaking, and their reflection in extant law. Finally, the fourth part analyzes the contribution of behavioral economics to fifteen legal spheres ranging from core doctrinal areas such as contracts, torts and property to areas such as taxation and antitrust policy.