37 Pages Posted: 12 Feb 2013
Date Written: February 11, 2013
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.
Keywords: benevolent biasing, insulating strategies, cognitive leveraging
JEL Classification: D03, D60, K00
Suggested Citation: Suggested Citation
Pi, Daniel and Parisi, Francesco and Luppi, Barbara, Biasing, Debiasing, and the Law (February 11, 2013). Minnesota Legal Studies Research Paper No. 13-08; U of St. Thomas Legal Studies Research Paper No. 13-02. Available at SSRN: https://ssrn.com/abstract=2215117 or http://dx.doi.org/10.2139/ssrn.2215117
By Orly Lobel