Behavioral Economics and Court Decision-Making

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Doron Teichman ◽  
Eyal Zamir
Keyword(s):  
Decision Making ◽  
Economic Analysis ◽  
Behavioral Economics ◽  
Court Decision ◽  
Social Optimum ◽  
Court Decisions ◽  
Heuristics And Biases ◽  
Court System ◽  
Economic Analysis Of Law ◽  
The Social

Abstract The economic analysis of law assumes that court decisions are key to incentivizing people and maximizing social welfare. This article reviews the behavioral literature on court decision making, and highlights numerous heuristics and biases that impact judges and jurors and cause them to make decisions that diverge from the social optimum. In light of this review, the article analyzes some of the institutional features of the court system that may help minimize the costs of biased decisions in the courts.

Bounded Rationality, Behavioral Economics, and the Law

2017 ◽  
Author(s):  
Christine Jolls
Keyword(s):  
Decision Making ◽  
Behavioral Economics ◽  
Bounded Rationality ◽  
Legal System ◽  
Behavioural Economics ◽  
Applied Economics ◽  
Legal Rule ◽  
Legal Analysis ◽  
Economic Analysis Of Law ◽  
System Knowledge

Behavioural economics has become a leading force in applied economics, including in economic analysis of law. At the heart of behavioural economics is the concept of bounded rationality. Bounded rationality suggests that humans face important limitations in knowledge and decision-making capability. Such limitations have clear importance to both the understanding and the improvement of the legal system. Knowledge limitations present a particularly compelling area for legal analysis. Two case studies of debiasing through law in response to knowledge limitations reveal the potential mechanisms by which law may ease such limitations among boundedly rational actors. In such cases of debiasing through law, empirical evidence plays a pivotal role, as this evidence both identifies the existence of knowledge limitations in the first instance and provides a means by which to assess whether a given legal rule allays such limitations.

scholarly journals FUNÇÃO SOCIAL DO CONTRATO: UMA ANÁLISE LÓGICO-EMPÍRICA / SOCIAL ROLE OF THE CONTRACT: A LOGIC-EMPIRICAL ANALYSIS

2014 ◽  
Vol 59 (1) ◽  
pp. 101
Author(s):  
Julio Cesar De Aguiar ◽  
Leandro Oliveira Gobbo
Keyword(s):  
Economic Analysis ◽  
Empirical Analysis ◽  
Social Role ◽  
State Intervention ◽  
Contract Law ◽  
The Other ◽  
Economic Analysis Of Law ◽  
Social Objective ◽  
The Social

Trata-se de um estudo do significado da função social do contrato, assim entendido como a determinação da extensão da intervenção estatal em contratos privados, bem como o objetivo do próprio direito dos contratos. O estudo propõe que existem apenas duas possíveis definições da função social do contrato; uma econômica, de geração de cooperação, e outra política, de distribuição. Sugere ainda que a distinção é relevante na medida em que serve para identificar a maneira mais eficiente para que a lei alcance os objetivos buscados, sejam eles distributivos ou de cooperação. PALAVRAS-CHAVEAnálise econômica do direito. Direito dos contratos. Função social do contrato.  ABSTRACTThis is a study of the meaning of the social role of the contract, understood as determining the extent of the state intervention in private contracts, as well as the goal of contract law itself. The study suggests that there are only two possible definitions of the social objective of the contract; one economic, to generate cooperation, and the other political, related to distribution. It also suggests that the distinction is relevant in that it serves to identify how the law can, more efficiently, reach the goals it seeks, whether they are distributive or cooperative. KEYWORDSContract law. Economic analysis of law. Social role of contracts.

scholarly journals Social conditionality of protection of the order of execution of court decisions

1970 ◽  
pp. 359-364
Author(s):  
Kostіantyn Yusubov
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Legal Protection ◽  
Court Decision ◽  
Access To Justice ◽  
Court Decisions ◽  
The Social ◽  
Systemic Nature ◽  
Criminal Protection

The article deals with the social conditionality of the criminal and legal protection of the enforcement of court decisions. The grounds and principles of setting up criminal responsibility for not fulfilling court decision are being investigated. The grounds of setting up criminal responsibility for not fulfilling court decision were researched on the light of different theories of criminalization. One of them proceeds from its understanding as an integral part of criminal law policy. According other theory criminalization is a system of crimes that are written in the criminal law also as result of legislative activity of the state. Based on the above, it can be concluded that, regardless of the chosen theoretical model of criminalization of action, the social conditionality of criminal protection of non-enforcement of a court decision is characterized by all the characteristics that lead to the conclusion that it is appropriate to criminalize such behavior. The main factors (grounds, criteria) of criminalizing the non-enforcement of a court decision include: 1) socially dangerous of behavior that encroaches on the authority of justice, since the execution of a court decision is one of the guarantees of access to justice; 2) the widespread prevalence of this socially dangerous behavior that gave rise to ECHR finding of the systemic nature of non-enforcement of judgments in Ukraine; 3) the need to fulfill the international obligations arising from the membership of Ukraine in the Council of Europe and the recognition of the jurisdiction of the ECHR, which leads to the implementation of general measures. These factors determine the need to influence the public relations by criminal law measures, however, taking into account the principle of saving criminal repression.

scholarly journals Marriage Dispensation due to Extramarital Pregnancy: The Study on the Decision by the Religious Court of South Jakarta (2010-2011)

2018 ◽  
Vol 18 (1) ◽  
Author(s):  
Isnawati Rais
Keyword(s):  
Islamic Law ◽  
Case Study Research ◽  
Social Consequences ◽  
Court Decision ◽  
Court Decisions ◽  
Legal Decisions ◽  
Study Research ◽  
Legal Consideration ◽  
The Social

The Marriage law in Indonesia sets the marriageable age at which a person is allowed to marry is 19 (nineteen) years old for men and 16 (sixteen) years old for women. This study focuses on legal decisions and judges’ consideration in establishing the application for marriage dispensation at the Religious Court of South Jakarta due to extramarital pregnancy. This study shows that the Court decision to grant the application for marriage dispensation at the Religious Court due to extramarital pregnancy is primarily based on the argument to avoid harmfulness. Using case study research, three court decisions stipulated by the Religious Court Decision Number: 056/Pdt.P/2010/PA.JS, Decision Number: 219/Pdt.P/2011/PA.JS and Decision Number: 197/Pdt.P/2011/PA granting the application for marriage dispensation due to extramarital pregnancy were analysed. The legal consideration formulated by the Panel of Judges is to avoid harm and is not contrary to the legislation. This means the judge’s consideration in determining the marriage dispensation due to extramarital pregnancy is not only based on the provisions stated in Article 7 paragraph (2) of the Law No. 1/1974 concerning Marriage jo. Article 15 paragraph (2) of the Compilation of the Islamic Law, but also on the consideration made by the Panel of Judges as the harms might occur if the application for marriage dispensation is refused. In determining this consideration of harms, it appears that they are influenced by their religious views and the social consequences.

scholarly journals Law & Economics as a Theory of Decision Making in Legal Contexts – Decision Theoretical Foundations, Their Misinterpretations and Excessive Claims of Economic Analysis of Law

2012 ◽  
pp. 34-50
Author(s):  
Magdalena Małecka
Keyword(s):  
Decision Making ◽  
Economic Analysis ◽  
Decision Theory ◽  
Prospect Theory ◽  
Expected Utility ◽  
Economic Analysis Of Law ◽  
Legal Norms ◽  
Legal Contexts ◽  
Theoretical Foundations ◽  
The Way

The article treats law & economics as a proposal of a theory of decision making in legal settings. It is emphasized that the distinction between two approaches in economic analysis of law: the neoclassical and the behavioral one, is made with reference to two different theories of decision making applied in the realm of each approach. The neoclassical approach is based on the theory of expected utility, whereas the behavioral one – on prospect theory. According to the scholars on both sides, application of decision theory might be helpful in influencing behavior by legal norms in a more sophisticated way. The claim of the article is that law & economics scholars misinterpret the assumptions and propositions of the theories and/or formulate excessive claims, if they argue that decision theoretical findings provide knowledge about the way in which people’s decisions are influenced by law.

scholarly journals Using a Hypothetical Case to Teach about Supreme Court Decision Making

2021 ◽  
Vol 04 (05) ◽  
Author(s):  
Dr. Sharlene A. McEvoy ◽  
Keyword(s):  
Decision Making ◽  
Supreme Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Court Decisions ◽  
Judicial Activism ◽  
Hypothetical Case ◽  
The Supreme Court ◽  
Supreme Court Decisions ◽  
Roe V Wade

This article presents a hypothetical set of facts that can be used as a device to analyze the workings of the Supreme Court, and the theories of judicial restraint, judicial activism and originalism. It also offers students an opportunity to analogize the facts of this case with Roe v. Wade and other Supreme Court decisions.

Congressional Preferences, Perceptions of Threat, and Supreme Court Decision Making

2000 ◽  
Vol 28 (4) ◽  
pp. 490-510 ◽  
Author(s):  
THOMAS G. HANSFORD ◽  
DAVID F. DAMORE
Keyword(s):  
Decision Making ◽  
Supreme Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Court Decisions ◽  
Logit Analysis ◽  
Issue Area ◽  
Theoretical Perspectives ◽  
Mixed Support ◽  
The Impact

Previous research examining the impact of extra-Court factors on Supreme Court decision making has developed conflicting theoretical perspectives supported with limited empirical evidence. In an attempt to better assess the influence of Congress on Court decisions, we develop a theoretical model specifying the conditions under which congressional preferences might constrain justices' votes on the merits. More specifically, we argue that previous congressional overrides in an issue area and case-level interest group activity make congressional preferences salient for the justices. In these threat situations, the justices will be most likely to shift their final votes on the merits in a manner congruent with the preferences of Congress. Based on our logit analysis of data on all orally argued statutory cases from 1963 to 1995, we find mixed support for our hypotheses and conclude that there are limited conditions under which congressional preferences may influence a justice's vote.

Women in Power and Decision making Positions : Conditions and Restraints

1970 ◽  
pp. 53-57
Author(s):  
Azza Charara Baydoun
Keyword(s):  
Decision Making ◽  
Political Participation ◽  
Political Life ◽  
The Political ◽  
Decision Making Process ◽  
Power Structures ◽  
Policies And Procedures ◽  
The Social ◽  
The Status ◽  
Slow Progress

Women today are considered to be outside the political and administrative power structures and their participation in the decision-making process is non-existent. As far as their participation in the political life is concerned they are still on the margins. The existence of patriarchal society in Lebanon as well as the absence of governmental policies and procedures that aim at helping women and enhancing their political participation has made it very difficult for women to be accepted as leaders and to be granted votes in elections (UNIFEM, 2002).This above quote is taken from a report that was prepared to assess the progress made regarding the status of Lebanese women both on the social and governmental levels in light of the Beijing Platform for Action – the name given to the provisions of the Fourth Conference on Women held in Beijing in 1995. The above quote describes the slow progress achieved by Lebanese women in view of the ambitious goal that requires that the proportion of women occupying administrative or political positions in Lebanon should reach 30 percent of thetotal by the year 2005!

Social-Psychological Models in Labor Motivation Analysis

2004 ◽  
pp. 90-101 ◽  
Author(s):  
A. Surkov
Keyword(s):  
Economic Analysis ◽  
Psychological Approach ◽  
Social Psychological ◽  
Economic Man ◽  
The Social ◽  
Psychological Models ◽  
Social Psychological Approach

Benefits of using social-psychological approach in the analysis of labor motivations are considered in the article. Classification of employees as objects of economic analysis is offered: "the economic man", "the man of the organization", "the social man" and "the asocial man". Related models give the opportunity to predict behavior of the firm in different situations, such as shocks of various nature.

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