13 Pages Posted: 8 Apr 2015
Date Written: April 6, 2015
This article explores the relevance of behavioral economics for legal issues in private international law. It finds that this relevance is limited. Choice of law problems in particular can be fruitfully analyzed with the neo-classical apparatus of economic theory that includes information asymmetries and externalities. Behavioral economics enhances our understanding of such problems especially because of phenomena such as status quo bias, availability heuristics, over-optimism and hyperbolic discounting.
Keywords: Rational Choice, Behavioral Law and Economics, Private International Law, Conflicts of Laws, Choice of Law
JEL Classification: A12, B41, K00
Suggested Citation: Suggested Citation
Eidenmueller, Horst and Stark, Johanna, Behavioral Economics and Private International Law (April 6, 2015). Oxford Legal Studies Research Paper No. 24/2015. Available at SSRN: https://ssrn.com/abstract=2591084