Experimental participants are more likely to follow an arbitrary rule the more of their peers do so as well. The difference between unconditional and conditional rule following is most pronounced for individuals who follow few rules unconditionally

Experimental participants are more likely to follow an arbitrary rule the more of their peers do so as well. The difference between unconditional and conditional rule following is most pronounced for individuals who follow few rules unconditionally.

Tort law currently debates the value of facilitating apology in order to enhance the restoration ofvictims' non-material needs, and to promote dispute resolution. However, the extent to whichapology can augment these outcomes beyond conventional, monetary reparations is not yet clear.The present...

In the area of financial services, lawmakers and regulators increasingly promote the use of plain language in business-to-consumer contracts. Although such efforts are undoubtedly welcomed by consumers, as they promote better comprehension, not much is known about the actual effects of improved...

Judges are obliged to give reasons for their decisions. A set of formal and informal norms specifies how this is to be done. These norms serve a whole array of purposes. This paper shows that one substantial effect is on decision quality. The effect can even be demonstrated on an ad hoc basis....

The law is not a bunch of scattered rules, it is a body. This simple statement suffices to demonstrate that consistency is crucial for the law. Esteemed philosophers radicalise the statement: If it stops being consistent, to them the law is no longer the law. Consequently, consistency must be an...

Die Juristen haben eine gespaltene Beziehung zu Treu und Glauben. Es soll gerecht zugehen. Deshalb sollen treuwidrige Entscheidungen vermieden werden. Aber für den offenen Rückgriff auf normative Wertungen haben Juristen keine spezifische professionelle Kompetenz. Dieser Beitrag macht aus der...

The Eroding Trust in Capitalism and its Consequences for Law: On both sides of the Atlantic, legislators consider a cap on manager income. As a redistributive intervention, the cap would be misplaced. It affects such a small number of persons that the effect on the Gini coefficient would be...