Economic analysis, and economic analysis of law in particular, ordinarily assumes that paternalism and efficiency are incompatible bases for analyzing and evaluating rules and actions. Most economists reject paternalism as inefficient. By appealing to the theoretical foundations of normative...

Why is tort law much more developed than unjust enrichment law? Is there a reason for the very different legal treatment of governmental takings and governmental givings? Why are contract remedies structured around the four ‘interests’ and why is the disgorgement interest only marginally...

This is a Review of Guido Calabresi’s fascinating and thought-provoking new book, The Future of Law and Economics (presented in a book symposium held at the Hebrew University of Jerusalem in December 2016). The Review proposes to break the notion of commodification, as used by Calabresi, into...

This is a chapter of our book titled Law, Economics, and Morality (OUP, 2010), in which we propose to integrate threshold deontological constraints (and options) with cost-benefit analysis, thus combining economic methodology with moderate (threshold) deontological morality. This chapter...

This is a draft entry for the Encyclopedia of the Philosophy of Law and Social Philosophy. It provides a bird's-eye view of behavioral economics, its impact on legal theory and policy, its implications, and the critique leveled against it

This is the first chapter of a forthcoming book. It provides a systematic, up-to-date overview of the psychological phenomenon of loss aversion (LA), including a brief historical account, description of Prospect Theory and its critique, empirical evidence of LA, and the role of emotions in LA....

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...

Based on the premise that people are rational maximizers of their own utility, economic analysis has a fairly successful record in correctly predicting human behavior. This success is puzzling, given behavioral findings that show that people do not necessarily seek to maximize their own utility....

Economic analysis has had a powerful influence on legal theory and policymaking. Based on the premise that people are rational maximizers of their own utility, economic analysis has a fairly successful record in correctly predicting human behavior in all spheres of life. This success is...