Behavioral Economics and Court Decision-Making

Doron Teichman*, Eyal Zamir

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

2 Scopus citations

Abstract

The economic analysis of law assumes that court decisions are key to incentivizing people and maximizing social welfare. This article reviews the behavioral literature on court decision making, and highlights numerous heuristics and biases that impact judges and jurors and cause them to make decisions that diverge from the social optimum. In light of this review, the article analyzes some of the institutional features of the court system that may help minimize the costs of biased decisions in the courts.

Original languageAmerican English
Pages (from-to)385-418
Number of pages34
JournalReview of Law and Economics
Volume17
Issue number2
DOIs
StatePublished - 1 Jul 2021

Bibliographical note

Publisher Copyright:
© 2021 Walter de Gruyter GmbH, Berlin/Boston.

Keywords

  • anchoring
  • behavioral law and economics
  • debias
  • hindsight bias
  • judicial decision making

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