The Hindsight Bias and the Law in Hindsight

Research output: Chapter in Book/Report/Conference proceedingChapter


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 languageAmerican English
Title of host publicationThe Oxford Handbook of Behavioral Economics and the Law
PublisherOxford University Press
ISBN (Print) 9780199945474
StatePublished - 1 Nov 2014


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


Dive into the research topics of 'The Hindsight Bias and the Law in Hindsight'. Together they form a unique fingerprint.

Cite this