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Vol 25 No 2 Feb/March 2020

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Behavioral Law and Economics

ISBN13: 9780190901356
Published: September 2018
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £35.99
Hardback edition , ISBN13 9780190901349

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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.

Law and Economics

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