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On Apology and Consilience

Erin A. O'Hara O'Connor

Vanderbilt University - Law School; Gruter Institute for Law and Behavioral Research

Doug Yarn

Georgia State University - College of Law

Vanderbilt Law and Economics Research Paper No. 02-04

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.

Number of Pages in PDF File: 59

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Date posted: July 24, 2002  

Suggested Citation

O'Hara O'Connor, Erin A. and Yarn, Doug, On Apology and Consilience. The Washington Law Review, October 2002. Available at SSRN: http://ssrn.com/abstract=320110 or http://dx.doi.org/10.2139/ssrn.320110

Contact Information

Erin A. O'Hara O'Connor (Contact Author)
Vanderbilt University - Law School ( email )
131 21st Avenue South
Nashville, TN 37203-1181
United States
615-322-3025 (Phone)
615-322-6631 (Fax)
Gruter Institute for Law and Behavioral Research
158 Goya Road
Portola Valley, CA 94028
United States
Douglas Hurt Yarn
Georgia State University - College of Law ( email )
P.O. Box 4037
Urban Life Building, Room 448
Atlanta, GA 30302-4037
United States
(404) 651-2096 (Phone)

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Footnotes:  252

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