Alternative Behavioral Law and Economics

Gregory Mitchell;

Alternative Behavioral Law and Economics

Gregory Mitchell

PUBLISHER

Oxford University Press

DATE

2014

SSRN Website

UVA Law Faculty Affiliations

Gregory Mitchell

Center for Empirical Studies in Law

Abstract

This chapter considers the psychological, methodological, and normative paths taken by behavioral law and economics ("BLE") and alternative paths that BLE might have taken, and might still take. The counterfactual BLE imagined here stresses the B in BLE, with behavioral approaches to legal problems being the focus rather than advocacy of any particular basic model of human cognition and motivation to compete with L&E’s dominant model. This change in focus would give priority to empirical studies in which particular legal institutions and specific legal tasks are simulated or studied in situ rather than to studies of abstract and general judgment and decision-making problems that may provide more theoretical bang but have less applied payoff in specific legal contexts.

SSRN Website

Citation

Gregory Mitchell, Alternative Behavioral Law and Economics, in Doron Teichman & Eyal Zamir The Oxford Handbook of Behavioral Economics and the Law, Oxford University Press, 167–191 (2014).

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Alternative Behavioral Law and Economics

UVA Law Faculty Affiliations

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