- Series Information
- The Oxford Handbook of Behavioral Economics and the Law
- Heuristics and Biases
- Human Prosocial Motivation and the Maintenance of Social Order
- Moral Judgment
- The Importance of Behavioral Law
- Behavioral Law and Economics: Empirical Methods
- Biasing, Debiasing, and the Law
- Alternative Behavioral Law and Economics
- Law and Prosocial Behavior
- Behavioral Ethics Meets Behavioral Law and Economics
- Law, Moral Attitudes, and Behavioral Change
- Law’s Loss Aversion
- Wrestling with the Endowment Effect, or How to Do Law and Economics without the Coase Theorem
- Probability Errors: Overoptimism, Ambiguity Aversion, and the Certainty Effect
- The Hindsight Bias and the Law in Hindsight
- Behavioral Law and Economics of Property Law: Achievements and Challenges
- Behavioral Economics and Tort Law
- Behavioral Economics and Contract Law
- Consumer Transactions
- Behavioral Economics and Insurance Law: The Importance of Equilibrium Analysis
- The End of Contractarianism?: Behavioral Economics and the Law of Corporations
- The Market, the Firm, and Behavioral Antitrust
- Behavioral Analysis of Criminal Law: A Survey
- Behavioral Economics and the Law: Tax
- Litigation and Settlement
- Behavioral Economics and Plea Bargaining
- Judicial Decision-Making: A Behavioral Perspective
- Evidence Law
- Nudges.gov: Behaviorally Informed Regulation
- Environmental Law
- Index of Names
- Subject Index
Abstract and Keywords
The chapter discusses the contributions of cognitive psychology and behavioral studies to the research of tort law. These contributions, we show, relate to a wide range of issues in torts: from the basic decision to impose tort liability, through the choice between liability rules, to specific rules and remedies. Accordingly, behavioral studies are of particular significance for the analysis of the tort system. The literature review focuses on contributions made to three key elements of tort law: the choice between liability regimes; the choice between tort liability and regulation (including the choice between harm-based and risk-based liability); and damages (in particular, punitive damages and damages for pain and suffering). The chapter also offers two new avenues for future research: vicarious liability and people’s perceptions of the variability among large groups of tort victims.
Yoed Halbersberg is Adjunct Professor of Law at the Hebrew University of Jerusalem, and Research Fellow and Adjunct Professor of Law at Bar Ilan University.
Ehud Guttel is Frieda & Solomon B. Rosenzwieg Chair in Law at the Hebrew University of Jerusalem.
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