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Anchoring Legal Standards

Anchoring Legal Standards (with Doron Teichman and Amos Scchur), J. Empirical Legal Studies, Forthcoming 2016

Hebrew University of Jerusalem Legal Research Paper No. 16-07

41 Pages Posted: 16 Dec 2015 Last revised: 8 Apr 2016

Yuval Feldman

Bar-Ilan University - Faculty of Law

Amos Schurr

Ben-Gurion University of the Negev

Doron Teichman

Hebrew University of Jerusalem - Faculty of Law

Multiple version iconThere are 3 versions of this paper

Date Written: December 16, 2015

Abstract

This Article presents the first empirical study on the way in which irrelevant anchors influence the interpretation of vague legal standards. A large body of psychological research demonstrates that when people make judgments on a continuum, they are often affected by meaningless anchors. Building on this body of work, legal scholars have shown that judicial decisions related to remedies (i.e., damages and penalties) are also influenced by such anchors. This Article extends this insight and hypothesizes that the process of interpreting vague legal norms is subject to an anchoring effect as well.

To test this hypothesis, the Article presents a series of stylized experiments that measure and compare participants’ interpretation of a vague norm after they have been exposed to irrelevant anchors. Overall, the results confirm the proposed hypothesis and suggest that the content of substantive legal rules might be altered by anchors. This effect is documented in numerous legal settings and across both expert (i.e., experienced lawyers) and non-expert (i.e., students) populations. Furthermore, the effect is shown to exist when participants express judgments about a hypothetical scenario and when they make decisions with ramifications for others. Based on these findings, the Article revisits several long-standing legal debates and reevaluates their conclusions.

Suggested Citation

Feldman, Yuval and Schurr, Amos and Teichman, Doron, Anchoring Legal Standards (December 16, 2015). Anchoring Legal Standards (with Doron Teichman and Amos Scchur), J. Empirical Legal Studies, Forthcoming 2016; Hebrew University of Jerusalem Legal Research Paper No. 16-07. Available at SSRN: https://ssrn.com/abstract=2704249

Yuval Feldman (Contact Author)

Bar-Ilan University - Faculty of Law ( email )

Faculty of Law
Ramat Gan, 52900
Israel

Amos Schurr

Ben-Gurion University of the Negev ( email )

Beer-Sheva
Israel

Doron Teichman

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus, 91905
Israel

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