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    The Oxford Handbook of Behavioral Economics and the Law

    The Oxford Handbook of Behavioral Economics and the Law by Zamir, Eyal; Teichman, Doron;

    Series: Oxford Handbooks;

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      • Publisher's listprice GBP 162.50
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    Product details:

    • Publisher OUP USA
    • Date of Publication 6 November 2014

    • ISBN 9780199945474
    • Binding Hardback
    • No. of pages840 pages
    • Size 249x175x48 mm
    • Weight 1315 g
    • Language English
    • 240

    Categories

    Short description:

    Partly as a reaction to standard economic analysis of law, the past twenty years have witnessed a surge in behavioral studies of law and law-related 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.

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    Long description:

    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.

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    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

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