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  • Behavioral Law and Economics

    Behavioral Law and Economics by Zamir, Eyal; Teichman, Doron;

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    Product details:

    • Publisher OUP USA
    • Date of Publication 27 September 2018

    • ISBN 9780190901356
    • Binding Paperback
    • No. of pages640 pages
    • Size 178x251x35 mm
    • Weight 1116 g
    • Language English
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    Short description:

    This book offers a state-of-the-art overview of behavioral law and economics surveying the entire body of psychological research that lies at the basis of behavioral analysis of law, and critically evaluating the core methodological questions. It discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for setting the law's goals and designing the means to attain them.

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    Long description:

    In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general.

    Behavioral Law and Economics offers a state-of-the-art overview of the field. Eyal Zamir and Doron Teichman survey the entire body of psychological research that lies at the basis of behavioral analysis of law, and critically evaluate the core methodological questions of this area of research. Following this, the book discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for setting the law's goals and designing the means to attain them. The book then provides a systematic and critical examination of the contributions of behavioral studies to all major fields of law including: property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law, as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.

    This book offers a fresh view and overview of behavioural law and economics. It surveys the entire body of psychological research that lies at the basis of behavioural analysis of law and critically evaluates the core methodological questions.

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    Table of Contents:

    Preface
    Introduction
    Part I: Economic and Psychological Background
    Chapter 1. Economic Analysis of Law: An Overview
    Chapter 2. Behavioral Studies
    Part II: Behavioral Law and Economics: A Synopsis
    Chapter 3. An Overview of Behavioral Law and Economics
    Chapter 4. Normative Implications
    Chapter 5. Behavioral Insights and Basic Features of the Law
    Part III: Private and Commercial Law
    Chapter 6. Property Law
    Chapter 7. Contract Law
    Chapter 8. Consumer Contracts
    Chapter 9. Tort Law
    Chapter 10. Commercial Law: Corporate Law, Securities Regulation, and Antitrust
    Part IV: Public Law
    Chapter 11. Administrative, Constitutional, and International Law
    Chapter 12: Criminal Law and Enforcement
    Chapter 13. Tax Law
    Part V: The Legal Process
    Chapter 14. Litigants' Behavior
    Chapter 15. Judicial Decision-Making
    Chapter 16. Evidence Law
    Index

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