The Hindsight Bias and the Law in Hindsight

Doron Teichman; Eyal Zamir; Doron Teichman

doi:10.1093/oxfordhb/9780199945474.013.0014

The Hindsight Bias and the Law in Hindsight

Doron Teichman, Eyal Zamir (Editor), Doron Teichman

Law

Research output: Chapter in Book/Report/Conference proceeding › Chapter

Abstract

The hindsight bias is one of the first cognitive biases to be documented by psychologists, and to be studied by legal scholars employing a behavioral perspective. This chapter presents a review of the main findings documenting the prevalence of the hindsight bias in judicial decision-making. Based on this review, it then analyzes the different ways in which legal systems as well as contracting parties deal with the bias, and highlights potential paths for future empirical and theoretical studies.

Original language	American English
Title of host publication	The Oxford Handbook of Behavioral Economics and the Law
Publisher	Oxford University Press
Pages	354-373
ISBN (Print)	9780199945474
DOIs	https://doi.org/10.1093/oxfordhb/9780199945474.013.0014
State	Published - 1 Nov 2014

Keywords

hindsight bias
behavioral law and economics
judicial decision-making
debiasing
negligence
tort law

Access to Document

10.1093/oxfordhb/9780199945474.013.0014

https://doi.org/10.1093%2Foxfordhb%2F9780199945474.013.0014

Cite this

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KW - debiasing

KW - negligence

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The Hindsight Bias and the Law in Hindsight

Abstract

Keywords

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