A Positive Agenda for Behavioral Law and Economics

Cognitive Critique, Vol. 3, p. 85, 2011

Minnesota Legal Studies Research Paper No. 11-36

6 Pages Posted: 6 Sep 2011

See all articles by Claire A. Hill

Claire A. Hill

University of Minnesota Law School

Date Written: February 1, 2011

Abstract

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.

Keywords: behavioral law and economics, identity, cultural cognition, empathy

JEL Classification: D82, A11, K00

Suggested Citation

Hill, Claire Ariane, A Positive Agenda for Behavioral Law and Economics (February 1, 2011). Cognitive Critique, Vol. 3, p. 85, 2011 ; Minnesota Legal Studies Research Paper No. 11-36. Available at SSRN: https://ssrn.com/abstract=1922843

Claire Ariane Hill (Contact Author)

University of Minnesota Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States
612-624-6521 (Phone)

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