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psychology of learning, and work from social scientists on learning. The paper makes the following claim: typically the law … reaches its addressees indirectly. The law is not followed, it is learned. There are two distinct learning objects. Throughout … take the form of schema-like social mirror rules, or of exemplars. Learning also is the key to understanding how …
Persistent link: https://www.econbiz.de/10014071940
Persistent link: https://www.econbiz.de/10002142596
Legal realists expect prosecutors to be selfish. If they get the defendant convicted, this helps them advance their careers. If the odds of winning on the main charge are low, prosecutors have a second option. They can exploit the ambiguity of legal doctrine and charge the defendant for vaguely...
Persistent link: https://www.econbiz.de/10014180104
The title of this chapter is deliberately provocative. Intuitively, many will be inclined to see conscious control of mental process as a good thing. Yet control comes at a high price. The consciously not directly controlled, automatic, parallel processing of information is not only much faster,...
Persistent link: https://www.econbiz.de/10014221658
Originally, behavioral law and economics was an exercise in exploring the implications of key findings from behavioral economics (and psychology) for the analysis and reform of legal institutions. Yet as the new discipline matures, it increasingly replaces foreign evidence by fresh evidence,...
Persistent link: https://www.econbiz.de/10014161485
Both in the field and in the lab, participants frequently cooperate, despite the fact that the situation can be modelled as a simultaneous, symmetric prisoner’s dilemma. This experiment manipulates the payoff in case both players defect, and explains the degree of cooperation by a combination...
Persistent link: https://www.econbiz.de/10014166486
The prisoner's dilemma (PD) is arguably the most important model of social dilemmas, but our knowledge about how a PD's material payoff structure affects cooperation is incomplete. In this paper we investigate the effect of variation in material payoffs on cooperation, focussing on one-shot PD...
Persistent link: https://www.econbiz.de/10014084014
Under common law, the standard remedy for breach of contract is expectation damages. Under continental law, the standard is specific performance. The common law solution is ex post efficient. But is it also ex ante efficient? We use experimental methods to test whether knowing that...
Persistent link: https://www.econbiz.de/10012954015
In their majority, public international lawyers postulate that for a new rule of customary law to originate, two conditions must be fulfilled: there must be consistent practice, and it must be shown that this practice is motivated by the belief that such behaviour is required in law. Maurice...
Persistent link: https://www.econbiz.de/10013144013
Punishees regularly ask for justification. But is justification also effective? To answer this question under controlled conditions, we have conducted a public goods experiment with central punishment. The authority is neutral - she does not benefit from contributions to the public good....
Persistent link: https://www.econbiz.de/10009784192