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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...
Persistent link: https://www.econbiz.de/10010261481
In law and economics, it is standard to model legal rules as an opportunity structure. The law's subjects maximize expected profit, given these constraints. In such a model, the reaction to legal innovation is immediate. This is not what we observe after class action is introduced into Israeli...
Persistent link: https://www.econbiz.de/10011688386
In law and economics, it is standard to model legal rules as an opportunity structure. The law's subjects maximize expected profit, given these constraints. In such a model, the reaction to legal innovation is immediate. This is not what we observe after class action is introduced into Israeli...
Persistent link: https://www.econbiz.de/10011663915
We study experimentally whether and to what extent impartial decision makers are influenced by stakeholders´ fairness opinions in an allocation decision. The setting allows for different focal fairness rules to be considered. We compare communication treatments, in which one of the stakeholders...
Persistent link: https://www.econbiz.de/10010334523
We study how participation in decision processes shapes people's behavior towards impartial authorities. In an incentivized laboratory experiment, an impartial decision maker at first decides about the allocation of money between two subordinates. Treatments differ in the opportunity for one...
Persistent link: https://www.econbiz.de/10010334528
We study experimentally whether and to what extent impartial decision makers are influenced by stakeholders ́fairness opinions in an allocation decision. The setting allows for different focal fairness rules to be considered. We compare communication treatments, in which one of the stakeholders...
Persistent link: https://www.econbiz.de/10010255050
We study how participation in decision processes shapes people's behavior towards impartial authorities. In an incentivized laboratory experiment, an impartial decision maker at first decides about the allocation of money between two subordinates. Treatments differ in the opportunity for one...
Persistent link: https://www.econbiz.de/10010258889
The opportunity to voice one's opinion about a decision is a fundamental aspect of procedural fairness and applies to a large variety of economic interactions. Voice may influence decision makers, but at the same time it shapes behavior of those who can voice their opinion. We study the latter...
Persistent link: https://www.econbiz.de/10009771811
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....
Persistent link: https://www.econbiz.de/10010261479
Judges and juries frequently must decide, knowing that they do not know everything that would be relevant for deciding the case. The law uses two related institutions for enabling courts to nonetheless decide the case: the standard of proof, and the burden of proof. In this paper, we contrast a...
Persistent link: https://www.econbiz.de/10011419382