Law, Psychology, and Morality

The Role of Loss Aversion
Author: Eyal Zamir
Publisher: Oxford University Press, USA
ISBN: 0199972052
Category: Law
Page: 258
View: 4421

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Prospect theory posits that people do not perceive outcomes as final states of wealth or welfare, but rather as gains or losses in relation to some reference point. People are generally loss averse: the disutility generated by a loss is greater than the utility produced by a commensurate gain. Loss aversion is related to such phenomena as the status quo and omission biases, the endowment effect, and escalation of commitment. The book systematically analyzes the relationships between loss aversion and the law.

The Oxford Handbook of Behavioral Economics and the Law


Author: Eyal Zamir,Doron Teichman
Publisher: Oxford University Press, USA
ISBN: 0199945470
Category: Business & Economics
Page: 824
View: 5653

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The past twenty years have witnessed a surge in behavioral studies of law and law-related issues. These studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. This integration of economics, psychology, and law is breaking exciting new ground in legal theory and the social sciences, shedding a new light on age-old legal questions as well as cutting edge policy issues. The Oxford Handbook of Behavioral Economics and Law brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its 29 chapters organized in four parts. The first part provides a general overview of behavioral economics. The second part comprises four chapters introducing and criticizing the contribution of behavioral economics to legal theory. The third part discusses specific behavioral phenomena, their ramifications for legal policymaking, and their reflection in extant law. Finally, the fourth part analyzes the contribution of behavioral economics to fifteen legal spheres ranging from core doctrinal areas such as contracts, torts and property to areas such as taxation and antitrust policy.

Behavioral Law and Economics


Author: Eyal Zamir,Doron Teichman
Publisher: Oxford University Press
ISBN: 0190901365
Category: Law
Page: 352
View: 4538

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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 the findings on bounded rationality and heuristics and biases 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. Behavioral Law and Economics offers a state-of-the-art overview of the field. Eyal Zamir and Doron Teichman survey the entire body of psychological research that lies at the basis of behavioral analysis of law, and critically evaluate the core methodological questions of this area of research. Following this, the book discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for setting the law's goals and designing the means to attain them. The book then provides a systematic and critical examination of the contributions of behavioral studies to all major fields of law including: property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law, as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.

Perspectives on Forgiveness

Contrasting Approaches to Concepts of Forgiveness and Revenge
Author: Susie DiVietro,Jordan Kiper
Publisher: BRILL
ISBN: 900436014X
Category: Philosophy
Page: 225
View: 6178

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This interdisciplinary, empirical and theoretical approach to forgiveness and revenge considers the roles of truth, restitution and ritual in the promotion of forgiveness and deterrence of revenge in multiple contexts.

Moral Imagination

Implications of Cognitive Science for Ethics
Author: Mark Johnson
Publisher: University of Chicago Press
ISBN: 022622323X
Category: Philosophy
Page: 302
View: 1530

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Using path-breaking discoveries of cognitive science, Mark Johnson argues that humans are fundamentally imaginative moral animals, challenging the view that morality is simply a system of universal laws dictated by reason. According to the Western moral tradition, we make ethical decisions by applying universal laws to concrete situations. But Johnson shows how research in cognitive science undermines this view and reveals that imagination has an essential role in ethical deliberation. Expanding his innovative studies of human reason in Metaphors We Live By and The Body in the Mind, Johnson provides the tools for more practical, realistic, and constructive moral reflection.

Risk-Taking in International Politics

Prospect Theory in American Foreign Policy
Author: Rose McDermott
Publisher: University of Michigan Press
ISBN: 9780472087877
Category: Political Science
Page: 256
View: 4442

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Discusses the way leaders deal with risk in making foreign policy decisions

The Cambridge Companion to Natural Law Jurisprudence


Author: George Duke,Robert P. George
Publisher: Cambridge University Press
ISBN: 1107120519
Category: Law
Page: 430
View: 8681

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This volume brings together leading experts on natural law theory to provide perspectives on the nature and foundations of law.

The Moral Landscape

How Science Can Determine Human Values
Author: Sam Harris
Publisher: Simon and Schuster
ISBN: 143917122X
Category: Religion
Page: 307
View: 5061

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Calls for an end to religion's role in dictating morality, demonstrating how the scientific community's understandings about the human brain may enable the establishment of secular codes of behavior.

The Mortality and Morality of Nations


Author: Uriel Abulof
Publisher: Cambridge University Press
ISBN: 1316368750
Category: Political Science
Page: N.A
View: 588

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Standing at the edge of life's abyss, we seek meaningful order. We commonly find this 'symbolic immortality' in religion, civilization, state and nation. What happens, however, when the nation itself appears mortal? The Mortality and Morality of Nations seeks to answer this question, theoretically and empirically. It argues that mortality makes morality, and right makes might; the nation's sense of a looming abyss informs its quest for a higher moral ground, which, if reached, can bolster its vitality. The book investigates nationalism's promise of moral immortality and its limitations via three case studies: French Canadians, Israeli Jews, and Afrikaners. All three have been insecure about the validity of their identity or the viability of their polity, or both. They have sought partial redress in existential self-legitimation: by the nation, of the nation and for the nation's very existence.

Misbehaving: The Making of Behavioral Economics


Author: Richard H. Thaler
Publisher: W. W. Norton & Company
ISBN: 0393246779
Category: Business & Economics
Page: 336
View: 1709

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Get ready to change the way you think about economics. Richard H. Thaler has spent his career studying the radical notion that the central agents in the economy are humans—predictable, error-prone individuals. Misbehaving is his arresting, frequently hilarious account of the struggle to bring an academic discipline back down to earth—and change the way we think about economics, ourselves, and our world. Traditional economics assumes rational actors. Early in his research, Thaler realized these Spock-like automatons were nothing like real people. Whether buying a clock radio, selling basketball tickets, or applying for a mortgage, we all succumb to biases and make decisions that deviate from the standards of rationality assumed by economists. In other words, we misbehave. More importantly, our misbehavior has serious consequences. Dismissed at first by economists as an amusing sideshow, the study of human miscalculations and their effects on markets now drives efforts to make better decisions in our lives, our businesses, and our governments. Coupling recent discoveries in human psychology with a practical understanding of incentives and market behavior, Thaler enlightens readers about how to make smarter decisions in an increasingly mystifying world. He reveals how behavioral economic analysis opens up new ways to look at everything from household finance to assigning faculty offices in a new building, to TV game shows, the NFL draft, and businesses like Uber. Laced with antic stories of Thaler’s spirited battles with the bastions of traditional economic thinking, Misbehaving is a singular look into profound human foibles. When economics meets psychology, the implications for individuals, managers, and policy makers are both profound and entertaining. Shortlisted for the Financial Times & McKinsey Business Book of the Year Award

Law, Economics, and Morality


Author: Eyal Zamir,Barak Medina
Publisher: Oxford University Press, USA
ISBN: 0195372166
Category: Law
Page: 363
View: 9646

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This work examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models.

Lawyer, Know Thyself

A Psychological Analysis of Personality Strengths and Weaknesses
Author: Susan Swaim Daicoff
Publisher: Amer Psychological Assn
ISBN: 9781591470960
Category: Law
Page: 215
View: 3154

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Lawyer, Know Thyself explores what some consider to be a three-part crisis in the legal profession. Despite the many perks of being a lawyer - among them intellectual challenge, social status, and high salaries - job dissatisfaction, poor mental health, and substance abuse are surprisingly common among lawyers. In addition, the public arguably has less respect for attorneys than for any other professional group. Finally, there seems to be a crisis of professionalism among lawyers, as borne out by frequent complaints of incivility, combative litigation, and ethically questionable conduct.

The Oxford Handbook of Behavioral Economics and the Law


Author: Eyal Zamir,Doron Teichman
Publisher: Oxford University Press
ISBN: 0199397953
Category: Psychology
Page: 496
View: 6900

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The past twenty years have witnessed a surge in behavioral studies of law and law-related issues. These studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. This integration of economics, psychology, and law is breaking exciting new ground in legal theory and the social sciences, shedding a new light on age-old legal questions as well as cutting edge policy issues. The Oxford Handbook of Behavioral Economics and Law brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its 29 chapters organized in four parts. The first part provides a general overview of behavioral economics. The second part comprises four chapters introducing and criticizing the contribution of behavioral economics to legal theory. The third part discusses specific behavioral phenomena, their ramifications for legal policymaking, and their reflection in extant law. Finally, the fourth part analyzes the contribution of behavioral economics to fifteen legal spheres ranging from core doctrinal areas such as contracts, torts and property to areas such as taxation and antitrust policy.

Thinking, Fast and Slow


Author: Daniel Kahneman
Publisher: Farrar, Straus and Giroux
ISBN: 1429969350
Category: Psychology
Page: 512
View: 6526

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Major New York Times bestseller Winner of the National Academy of Sciences Best Book Award in 2012 Selected by the New York Times Book Review as one of the ten best books of 2011 A Globe and Mail Best Books of the Year 2011 Title One of The Economist's 2011 Books of the Year One of The Wall Street Journal's Best Nonfiction Books of the Year 2011 2013 Presidential Medal of Freedom Recipient Kahneman's work with Amos Tversky is the subject of Michael Lewis's The Undoing Project: A Friendship That Changed Our Minds In the international bestseller, Thinking, Fast and Slow, Daniel Kahneman, the renowned psychologist and winner of the Nobel Prize in Economics, takes us on a groundbreaking tour of the mind and explains the two systems that drive the way we think. System 1 is fast, intuitive, and emotional; System 2 is slower, more deliberative, and more logical. The impact of overconfidence on corporate strategies, the difficulties of predicting what will make us happy in the future, the profound effect of cognitive biases on everything from playing the stock market to planning our next vacation—each of these can be understood only by knowing how the two systems shape our judgments and decisions. Engaging the reader in a lively conversation about how we think, Kahneman reveals where we can and cannot trust our intuitions and how we can tap into the benefits of slow thinking. He offers practical and enlightening insights into how choices are made in both our business and our personal lives—and how we can use different techniques to guard against the mental glitches that often get us into trouble. Winner of the National Academy of Sciences Best Book Award and the Los Angeles Times Book Prize and selected by The New York Times Book Review as one of the ten best books of 2011, Thinking, Fast and Slow is destined to be a classic.

Hedonic Utility, Loss Aversion and Moral Hazard


Author: Emil P. Iantchev
Publisher: Now Publishers Inc
ISBN: 1601983921
Category: Business & Economics
Page: 62
View: 374

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Hedonic Utility, Loss Aversion and Moral Hazard summarizes recent advances in the modeling and measurement of hedonic utility.

An Introduction to Behavioral Economics


Author: Nick Wilkinson,Matthias Klaes
Publisher: Macmillan International Higher Education
ISBN: 1137524138
Category: Business & Economics
Page: 584
View: 7708

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The third edition of this successful textbook introduces students to behavioral economics. It offers a critical examination of the latest literature, research, developments and debates in the field by discussing topics such as evolutionary psychology and neuroscience. Contains a wealth of case studies, examples and review questions.

Choosing Not to Choose

Understanding the Value of Choice
Author: Cass R. Sunstein
Publisher: Oxford University Press, USA
ISBN: 0190231696
Category: Law
Page: 219
View: 9855

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This is among the most significant ways in which they effect social change, yet we are just beginning to understand the power and impact of default rules. Many central questions remain unanswered: When should governments set such defaults, and when should they insist on active choices? How should such defaults be made? What makes some defaults successful while others fail? Cass R. Sunstein has long been at the forefront of developing public policy and regulation to use government power to encourage people to make better decisions. In this major new book, Choosing Not to Choose, he presents his most complete argument yet for how we should understand the value of choice, and when and how we should enable people to choose not to choose. The onset of big data gives corporations and governments the power to make ever more sophisticated decisions on our behalf, defaulting us to buy the goods we predictably want, or vote for the parties and policies we predictably support.

A Theory of Justice


Author: John RAWLS
Publisher: Harvard University Press
ISBN: 0674042603
Category: Philosophy
Page: 623
View: 5839

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Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Accuracy and the Laws of Credence


Author: Richard Pettigrew
Publisher: Oxford University Press
ISBN: 0198732716
Category:
Page: 256
View: 4559

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Richard Pettigrew offers an extended investigation into a particular way of justifying the rational principles that govern our credences (or degrees of belief). The main principles that he justifies are the central tenets of Bayesian epistemology, though many other related principles are discussed along the way. Pettigrew looks to decision theory in order to ground his argument. He treats an agent's credences as if they were a choice she makes between differentoptions, gives an account of the purely epistemic utility enjoyed by different sets of credences, and then appeals to the principles of decision theory to show that, when epistemic utility is measured inthis way, the credences that violate the principles listed above are ruled out as irrational. The account of epistemic utility set out here is the veritist's: the sole fundamental source of epistemic utility for credences is their accuracy. Thus, Pettigrew conducts an investigation in the version of epistemic utility theory known as accuracy-first epistemology.