Interpreting the Rules of the Game

Mantzavinos, C.

Interpreting the Rules of the Game

The Impact of Court Procedure on the Psychology of Judicial Decision Making, (eds.) Christoph Engel and Fritz Strack, Baden-Baden: Nomos Verlagsgesellschaft, 2007, pp. 13-30

17 Pages Posted: 21 May 2016

See all articles by C. Mantzavinos

C. Mantzavinos

University of Athens

Date Written: May 19, 2007

Abstract

After providing a brief overview of the economic theory of judicial decisions this paper presents an argument for why not only the economic theory of judicial decisions, but also the rational choice approach in general, most often fails in explaining decision-making. Work done within the paradigm of New Institutionalism is presented as a possible alternative. Within this research program judicial activity is conceptualized as the activity of "interpreting the rules of the game", i.e. the institutions that frame the economic and political interaction in society. Such a conceptualization of judicial interpretation and judicial decision-making would have to depart from rational choice modes of reasoning, and should instead focus on how human beings actually reason, learn and choose from research in cognitive science.

Keywords: Institutions, Law and Economics, Judicial Decisions, Judicial Decision-Making, Interpretation

JEL Classification: B4, D23, D73, D81, K4

Suggested Citation: Suggested Citation

Mantzavinos, C., Interpreting the Rules of the Game (May 19, 2007). The Impact of Court Procedure on the Psychology of Judicial Decision Making, (eds.) Christoph Engel and Fritz Strack, Baden-Baden: Nomos Verlagsgesellschaft, 2007, pp. 13-30, Available at SSRN: https://ssrn.com/abstract=2781956