On Apology and Consilience
Erin A. O'Hara O'Connor
Florida State University - College of Law; Gruter Institute for Law and Behavioral Research
Georgia State University - College of Law
Vanderbilt Law and Economics Research Paper No. 02-04
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.
Number of Pages in PDF File: 59
Date posted: July 24, 2002