Behavioral Law and Economics: Administrative, Constitutional, and International Law

Behavioral Law and Economics (Oxford University Press Forthcoming)

Hebrew University of Jerusalem Legal Research Paper No. 17-36

41 Pages Posted: 21 Sep 2017 Last revised: 12 Oct 2017

See all articles by Eyal Zamir

Eyal Zamir

Hebrew University of Jerusalem - Faculty of Law

Doron Teichman

Hebrew University of Jerusalem - Faculty of Law

Date Written: September 20, 2017

Abstract

In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While these insights were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general.

While there have been some behavioral analyses of constitutional and administrative law issues, the impact of behavioral studies on public and international law — with the notable exceptions of regulation techniques and judicial decision-making — has been rather limited compared to other legal spheres. However, recent studies are gradually closing this gap.

In this Chapter (which will be part of a forthcoming textbook-treatise on behavioral law and economics), we critically survey the behavioral analysis of public and international law, including studies of governmental institutions and rule-making, citizens’ judgments and choices, human rights (including issues in freedom of speech, the fight against terrorism, and affirmative action), and international law.

Keywords: behavioral law and economics, public choice theory, human rights, international law, constitutional law, administrative law, affiramtive action, freedom of speech

JEL Classification: H1, H11, K19, K23, K33

Suggested Citation

Zamir, Eyal and Teichman, Doron, Behavioral Law and Economics: Administrative, Constitutional, and International Law (September 20, 2017). Behavioral Law and Economics (Oxford University Press Forthcoming), Hebrew University of Jerusalem Legal Research Paper No. 17-36, Available at SSRN: https://ssrn.com/abstract=3040010

Eyal Zamir (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel
+972 2 582 3845 (Phone)
+972 2 582 9002 (Fax)

Doron Teichman

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

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