Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 20 March 2019

Abstract and Keywords

The chapter begins with several general policy examples that demonstrate how the empirical findings of cognitive and social psychology lead to very different predictions of human behavior and different policy options from those of rational choice theory. The chapter then turns to the topic of law and economics so as to contrast how some familiar conclusions of law and economics that were premised on rational choice by contract parties, potential injurers and victims, and others must be altered in light of the behavioral findings that undermine rational choice theory. The chapter also considers (and rejects) criticisms of behavioral law by economists, legal scholars, and philosophers. Finally, the chapter seeks to point to the next research steps in behavioral law.

Keywords: law and economics, behavioral law and economics, critiques of behavior economics, default rules, nudges, paternalism

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.