A Positive Agenda for Behavioral Law and Economics
Claire A. Hill
University of Minnesota, Twin Cities - School of Law
February 1, 2011
Cognitive Critique, Vol. 3, p. 85, 2011
Minnesota Legal Studies Research Paper No. 11-36
Law has spent surprisingly little time developing a theory of human nature. Its efforts have largely focused on the abnormal - notably, those not responsible for their actions by reason of mental illness or diminished capacity. The normal has barely been addressed. Law and economics embeds a theory - that people are rational maximizers of their self-interest. Law and economics admits its theory is unrealistic; it touts instead its theory’s ability to predict. Behavioral law and economics aspires to more realism (and more predictive power). Its trajectory has, however, sometimes been contorted insofar as it has focused on exceptions to the law and economics view rather than a broader reconception of the overall endeavor. Such a reconception is desirable, necessary, and increasingly feasible.
Number of Pages in PDF File: 6
Keywords: behavioral law and economics, identity, cultural cognition, empathy
JEL Classification: D82, A11, K00Accepted Paper Series
Date posted: September 6, 2011
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