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Customary law has been criticized from very different angles. Rational choice theorists claim that what looks like custom is nothing but self-interest. Positivists doubt that anything beyond consent assumes the force of law. In this paper, we adopt an experimental approach to test these claims....
Persistent link: https://www.econbiz.de/10010535930
Self-control theory is one of the best studied criminological paradigms. Since Gottfredson and Hirschi published their General Theory in 1990 the theory has been tested on more than a million subjects. This meta-study systematizes the evidence, reporting 717 results from 102 different...
Persistent link: https://www.econbiz.de/10010541290
To explore damage rules’ deterrent effect, we use a public good experiment to tailor allowable punishment to rules used in actual civil litigation. The experimental treatments are analogous to: (1) damages limited to harm to an individual litigant, (2) damages limited to harm to a group...
Persistent link: https://www.econbiz.de/10010541291
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/10009226923
In two experiments we studied the effects of behavioral models on routine deviation decisions in observers. Participants repeatedly chose among four card-deck lotteries together with a human model (confederate, Exp. 1) or a non-human model (computer, Exp. 2) that made correct decisions in the...
Persistent link: https://www.econbiz.de/10009418468
The market for law professors fulfils the conditions for a hog cycle: in the short run, supply cannot be extended or limited; future law professors must be hired soon after they first present themselves, or leave the market; demand is inelastic. Using a comprehensive German dataset, we show that...
Persistent link: https://www.econbiz.de/10010548344
Evidence from an experiment investigating the “house money effect” in the context of a public goods game is reconsidered. Analysis is performed within the framework of the panel hurdle model, in which subjects are assumed to be one of two types: free-riders, and potential contributors. The...
Persistent link: https://www.econbiz.de/10010553336
Criminal procedure is organized as a tournament with predefined roles. We show that assuming the role of a defense counsel or prosecutor leads to role induced bias even if participants are asked to predict a court ruling after they have ceased to act in that role, and if they expect a...
Persistent link: https://www.econbiz.de/10008693527
If accurate prediction is the goal, and if information about the unconditional probability of the predicted event is available, a strong case can be made for using this information, i.e. for a Bayesian approach to inference. Not so rarely, the law calls for accurate prediction, e.g. if a bailing...
Persistent link: https://www.econbiz.de/10010604503
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/10010731963