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Law and Preferences


Oren Bar-Gill


New York University School of Law

Chaim Fershtman


Tel Aviv University - Eitan Berglas School of Economics; Tinbergen Institute


The Journal of Law, Economics, and Organization, Vol. 20, No. 2, pp. 331-352, 2004

Abstract:     
Legal rules do more than provide incentives, they change people. When preferences and norms are endogenously determined via a process of imitation and learning, legal rules, by affecting the market outcome, may affect the dynamics of preference formation. Analyzing the effect of different legal rules should therefore go beyond the analysis of the incentives they provide. It should also include an analysis of their effect on the distribution of preferences and norms of behavior. We illustrate this claim by considering a simple market game in which individuals may have preferences that include fairness concerns. We show that different legal rules change not only the pattern of trade in a market game, but also individuals' fairness concerns. That is, different rules may eventually make individuals care more (or less) about a fair outcome. Specifically, our model suggests that enhanced remedies for breach of contract may reduce equilibrium preferences for fairness.

Accepted Paper Series


Date posted: February 29, 2008  

Suggested Citation

Bar-Gill, Oren and Fershtman, Chaim, Law and Preferences. The Journal of Law, Economics, and Organization, Vol. 20, No. 2, pp. 331-352, 2004. Available at SSRN: http://ssrn.com/abstract=832339

Contact Information

Oren Bar-Gill (Contact Author)
New York University School of Law ( email )
40 Washington Square South
New York, NY 10012-1099
United States
212-998-6222 (Phone)
212-995-4590 (Fax)
Chaim Fershtman
Tel Aviv University - Eitan Berglas School of Economics ( email )
P.O. Box 39040
Ramat Aviv, Tel Aviv, 69978
Israel
+972 3 640 7167 (Phone)
+972 3 640 9908 (Fax)
Tinbergen Institute ( email )
Burg. Oudlaan 50
Rotterdam, 3062 PA
Netherlands
Feedback to SSRN (Beta)


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