On Apology and Consilience

59 Pages Posted: 24 Jul 2002  

Erin A. O'Hara O'Connor

Florida State University - College of Law; Gruter Institute for Law and Behavioral Research

Doug Yarn

Georgia State University - College of Law

Abstract

This article chimes in on the current debate about the proper relationship between apology and the law. Several states are considering legislation designed to shield apologies from the courtroom, and mediators are increasing their focus on the importance of apologies. The article develops an evolutionary economic analysis of apology that combines the tools of economics, game theory and biology to more fully understand its role in dispute resolution. When the analysis is applied to the uses of apology before and at trial, a more sophisticated understanding of the relationship between apology and the law emerges.

Suggested Citation

O'Hara O'Connor, Erin A. and Yarn, Doug, On Apology and Consilience. The Washington Law Review, October 2002. Available at SSRN: https://ssrn.com/abstract=320110 or http://dx.doi.org/10.2139/ssrn.320110

Erin A. O'Hara O'Connor (Contact Author)

Florida State University - College of Law ( email )

425 W. Jefferson Street
Tallahassee, FL 32306
United States

HOME PAGE: http://www.law.fsu.edu/our-faculty/deans/ohara-oconnor

Gruter Institute for Law and Behavioral Research

158 Goya Road
Portola Valley, CA 94028
United States

Douglas Hurt Yarn

Georgia State University - College of Law ( email )

P.O. Box 4037
Urban Life Building, Room 448
Atlanta, GA 30302-4037
United States
(404) 651-2096 (Phone)

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