Research Handbook on Behavioral Law and Economics
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Research Handbook on Behavioral Law and Economics

Edited by Joshua C. Teitelbaum and Kathryn Zeiler

The field of behavioral economics has contributed greatly to our understanding of human decision making by refining neoclassical assumptions and developing models that account for psychological, cognitive, and emotional forces. The field’s insights have important implications for law. This Research Handbook offers a variety of perspectives from renowned experts on a wide-ranging set of topics including punishment, finance, tort law, happiness, and the application of experimental literatures to law. It also includes analyses of conceptual foundations, cautions, limitations and proposals for ways forward.
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Chapter 8: Behavioral models in tort law

Barbara Luppi and Francesco Parisi

Abstract

Luppi and Parisi illustrate how different behavioral problems can be incorporated into the standard economic model of tort law. Through this exercise, the authors develop a modeling language that can be utilized by law and economic scholars when considering the effect of behavioral biases and cognitive imperfections in tort law. They use these models in conjunction with the standard taxonomy of psychological biases to show the effect of different biases on the behavior of tort agents. The models they present are applicable to a wide range of tort problems, and have the potential for application to a broader range of legal problems.

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