Biasing, Debiasing, and the Law
University of Bologna - Dipartimento di Scienze Economiche; Erasmus University Rotterdam (EUR) - Rotterdam Institute of Law and Economics; University of Hamburg - Institute of Law and Economics
University of Minnesota - Law School; University of Bologna
Università degli studi di Modena e Reggio Emilia (UNIMORE) - Faculty of Business and Economics; University of St. Thomas School of Law
February 11, 2013
Minnesota Legal Studies Research Paper No. 13-08
U of St. Thomas Legal Studies Research Paper No. 13-02
In this essay, we build on the existing literature on the use of legal strategies for addressing problems of biased judgment and behavior, exploring how heuristics and biases may be exploited to foster efficiency in the presence of other incentive alignment problems. We also introduce two new categories: the hitherto unnoticed counterparts to debiasing and insulating strategies, which we will call "benevolent biasing," and "cognitive leveraging" strategies.
Number of Pages in PDF File: 37
Keywords: benevolent biasing, insulating strategies, cognitive leveraging
JEL Classification: D03, D60, K00working papers series
Date posted: February 12, 2013
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