{"title":"论道歉与和解","authors":"E. O'Connor, Douglas H. Yarn","doi":"10.2139/SSRN.320110","DOIUrl":null,"url":null,"abstract":"This article chimes in on the current debate about the proper relationship between apology and the law. Several states are considering legislation designed to shield apologies from the courtroom, and mediators are increasing their focus on the importance of apologies. The article develops an evolutionary economic analysis of apology that combines the tools of economics, game theory and biology to more fully understand its role in dispute resolution. When the analysis is applied to the uses of apology before and at trial, a more sophisticated understanding of the relationship between apology and the law emerges.","PeriodicalId":46514,"journal":{"name":"Washington Law Review","volume":"77 1","pages":"1121-1192"},"PeriodicalIF":1.1000,"publicationDate":"2002-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.320110","citationCount":"44","resultStr":"{\"title\":\"On Apology and Consilience\",\"authors\":\"E. O'Connor, Douglas H. Yarn\",\"doi\":\"10.2139/SSRN.320110\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This article chimes in on the current debate about the proper relationship between apology and the law. Several states are considering legislation designed to shield apologies from the courtroom, and mediators are increasing their focus on the importance of apologies. The article develops an evolutionary economic analysis of apology that combines the tools of economics, game theory and biology to more fully understand its role in dispute resolution. When the analysis is applied to the uses of apology before and at trial, a more sophisticated understanding of the relationship between apology and the law emerges.\",\"PeriodicalId\":46514,\"journal\":{\"name\":\"Washington Law Review\",\"volume\":\"77 1\",\"pages\":\"1121-1192\"},\"PeriodicalIF\":1.1000,\"publicationDate\":\"2002-07-24\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.2139/SSRN.320110\",\"citationCount\":\"44\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Washington Law Review\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.2139/SSRN.320110\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Washington Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.2139/SSRN.320110","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
This article chimes in on the current debate about the proper relationship between apology and the law. Several states are considering legislation designed to shield apologies from the courtroom, and mediators are increasing their focus on the importance of apologies. The article develops an evolutionary economic analysis of apology that combines the tools of economics, game theory and biology to more fully understand its role in dispute resolution. When the analysis is applied to the uses of apology before and at trial, a more sophisticated understanding of the relationship between apology and the law emerges.
期刊介绍:
Washington Law Review is a student-run and student-edited scholarly legal journal at the University of Washington School of Law. Inaugurated in 1919, it is the first legal journal published in the Pacific Northwest. Today, the Law Review publishes Articles and Comments of national and regional interest four times per year.