{"title":"Litigants’ Behavior","authors":"E. Zamir, D. Teichman","doi":"10.1093/oso/9780190901349.003.0015","DOIUrl":"https://doi.org/10.1093/oso/9780190901349.003.0015","url":null,"abstract":"This chapter begins with a brief overview of the standard economic analysis of litigation and settlement. It then analyzes a series of behavioral impediments to settlement. These include self-serving biases, overoptimism, non-pecuniary motivations, biases stemming from the adversarial nature of litigation, reference-dependence in assessing settlement offers, and the framing of litigation outcomes. The chapter then points to two behavioral phenomena—regret avoidance and loss aversion—that strongly encourage settlements. The chapter looks at behavioral explanations for the relatively limited use of alternative dispute resolution mechanisms. It also takes a closer look at the role of lawyers and client-lawyer relationships. Finally, it highlights the behavioral contribution to the understanding of plea bargaining in criminal proceedings.","PeriodicalId":447034,"journal":{"name":"Behavioral Law and Economics","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129326969","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Administrative, Constitutional, and International Law","authors":"E. Zamir, D. Teichman","doi":"10.1093/oso/9780190901349.003.0012","DOIUrl":"https://doi.org/10.1093/oso/9780190901349.003.0012","url":null,"abstract":"Public choice theory—the application of standard economics to the behavior of public officials and citizens—has long been criticized as mischaracterizing people’s motivations and behavior. The chapter analyzes how behavioral studies might contribute to a better understanding and developing of public law, including constitutional and administrative law. It critically discusses the behavioral analysis of governmental institutions and rule-making, citizens’ judgments and choices, and human rights (including issues in freedom of speech, the fight against terrorism, and affirmative action). Finally, the chapter critically examines recent behavioral analyses of public international law, the challenges they face, and the contributions they make.","PeriodicalId":447034,"journal":{"name":"Behavioral Law and Economics","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122056920","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Evidence Law","authors":"E. Zamir, D. Teichman","doi":"10.1093/oso/9780190901349.003.0017","DOIUrl":"https://doi.org/10.1093/oso/9780190901349.003.0017","url":null,"abstract":"This chapter consists of three main parts. It first discusses the effect of various cognitive limitations, heuristics, and biases on the actual and perceived credibility of various types of evidence—including eyewitness testimonies, probabilistic data, and circumstantial evidence. It further examines the extent to which the use of expert testimonies can overcome such heuristics and biases. The second part analyzes behavioral aspects of burden-of-proof rules, such as the justification for placing the burden on the plaintiff, and the actual meaning of the standard of proof in civil and criminal proceedings. Finally, the third part argues that while people’s bounded rationality creates obstacles for judicial truth-finding, it also makes it much harder for interested parties, litigants and witnesses, to hide the truth—thus facilitating accurate fact-finding.","PeriodicalId":447034,"journal":{"name":"Behavioral Law and Economics","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134639862","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Tax Law and Redistribution","authors":"E. Zamir, D. Teichman","doi":"10.1093/oso/9780190901349.003.0014","DOIUrl":"https://doi.org/10.1093/oso/9780190901349.003.0014","url":null,"abstract":"This chapter examines the implications of behavioral insights for tax design, taxpayers’ decision-making, and tax compliance. With regard to tax design, the chapter discusses policymakers’ own heuristics and biases, and their catering to (or exploitation of) the biased judgments of the public at large. Regarding economic decision-making, the chapter explores the dark and bright sides of tax saliency. With regard to compliance, it explains why people pay taxes, and how this compliance might be further enhanced. Finally, the chapter explains how cognitive factors affect taxpayers’ inclination to challenge tax liability. Additionally, the chapter describes the behavioral contribution to positive and normative analyses of redistribution, by shedding new light on how people form judgments about tax progressivity; the cognitive ramifications of poverty; wealth and subjective well-being; and the choice between methods and objects of redistribution. The chapter also comments on the use of taxes as a means of modifying human behavior.","PeriodicalId":447034,"journal":{"name":"Behavioral Law and Economics","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124454930","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Judicial Decision-Making","authors":"D. Teichman, E. Zamir","doi":"10.1093/OXFORDHB/9780199945474.013.0026","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780199945474.013.0026","url":null,"abstract":"This chapter discusses the rich behavioral research on judicial decision-making. It opens with general theories of the cognitive process of judicial decision-making, focusing on the story model and coherence-based reasoning. It examines how various heuristics and biases—such as the compromise and contrast effects, hindsight bias, omission bias, and anchoring—are reflected in judicial decision-making. Special attention is given to the limited ability of fact-finders to disregard inadmissible evidence, the interactions between race and judicial decision-making, the role of non-consequentialist moral judgments in judicial decision-making, and the impact of the choice between rules and standards on the predictability of judgments. Finally, the chapter discusses two fundamental questions in the behavioral analysis of judicial decision-making: group decision-making, and decision-making by judges (as opposed to laypersons).","PeriodicalId":447034,"journal":{"name":"Behavioral Law and Economics","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133640499","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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