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For contemporary legal theory, law is essentially an interpretative and hermeneutic practice (Ackerman (1991), Horwitz (1992)). A straightforward consequence is that legal disputes between parties are motivated by their divergent interpretations regarding what law says on their case. This point...
Persistent link: https://www.econbiz.de/10005837401
in a model of litigation where the self-serving bias of one party is private information. We show that the influence of …
Persistent link: https://www.econbiz.de/10011194359
For psychologists, bounded rationality reflects the presence of cognitive dissonance and/or inconsistency, revealing that people use heuristics (Tversky, and Kahneman 1974) rather than sophisticated processes for the assessment of their beliefs. Recent research analyzing litigations and pretrial...
Persistent link: https://www.econbiz.de/10008670458
in a model of litigation where the self-serving bias of one party is private information. We show that the influence of …
Persistent link: https://www.econbiz.de/10005789987
We show that whatever the representation of criminals' preferences under risk, the assumption according to which they are strongly risk averse individuals is not consistent with the available observations establishing that criminals are more sensitive to shifts in the probability of sanction...
Persistent link: https://www.econbiz.de/10005789583
This paper presents a strategic model of incentives for care and litigation under asymmetric information and self …
Persistent link: https://www.econbiz.de/10011266379
This paper presents a strategic model of incentives for care and litigation under asymmetric information and self …
Persistent link: https://www.econbiz.de/10011266401
The paper addresses the issue of the impact of asymmetric information on risk aversion of litigant parties in a model à la Bebchuk. First we study the case where the plaintif is the informed party, and characterize the equilibrium with and without a pretrial negociation round. Then, we focuse...
Persistent link: https://www.econbiz.de/10005789358
litigation between a plaintiff and a defendant and a bankruptcy problem. In the litigation case, we show how the combination of …
Persistent link: https://www.econbiz.de/10010615366
We experimentally study the effects of the split-award tort reform, where the state takes a share of the plaintiff's punitive damage award, on litigants' beliefs and bargaining outcomes. In addition, we study the formation of litigants' beliefs in a strategic environment. Our results provide...
Persistent link: https://www.econbiz.de/10005623433