Zunehmend erfährt die auf den Annahmen der neoklassischen Ökonomie ruhende Analyse des Rechts Kritik und Konkurrenz durch andere sozialwissenschaftliche Disziplinen. Die vorderste Front bilden dabei die klassischen Verhaltenswissenschaften, insbesondere die kognitive Psychologie. Ihre Kritik...

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 of...

Globalisation can mean one of four things: a considerable degree of regulatory competition; a geographically relevant market transgressing national and regional borders; the transfer of significant regulatory power to supranational entities; the public perception that nation states have lost a...

Lawyers routinely have to decide under considerable uncertainty. Those officially applying the law in force, like judges or public officials, often do not know all the facts of the case. And the legislator ought to know, understand and forecast much more than he usually does. Economics,...

The standard tool for analysing social dilemmas is game theory. They are reconstructed as prisoner dilemma games. This is helpful for understanding the incentive structure. Yet this analysis is based on the classic homo oeconomicus assumptions. In many real world dilemma situations, these...

In the US, law and economics is so well established that many law schools have given up on a separate law and economics course. It seems obvious that economic theory matters for the interpretation and the evolution of the law. More recently, the empirical law movement has been gaining momentum...

The novel part of this paper is a model of the principle of proportionality, as the cornerstone of the doctrine of fundamental rights. German law, and with some modifications also the law of the European Community and the European Convention on Human Rights, do not categorically outlaw...