This article reviews the state of game theory in legal scholarship and finds that it remains excessively focused on one tool: the Prisoners' Dilemma. I claim that this focus is not justified, that it distracts legal scholars from exploiting other insights of game theory, particularly the problem...

The standard tool for analysing social dilemmas is game theory. They are reconstructed as prisoner dilemma games. This is helpful for understanding the incentive structure. Yet this analysis is based on the classic homo oeconomicus assumptions. In many real world dilemma situations, these...

Empirically, the commons are not as tragic as standard theory predicts. The predominant explanation for this finding is conditional cooperation. Yet many real life situations involve insiders, who are directly affected by a dilemma, and outsiders, who may be harmed if the insiders overcome the...

From the perspective of competitors, competition may be modeled as a prisoner’s dilemma. Setting the monopoly price is cooperation, undercutting is defection. Jointly, competitors are better off if both are faithful to a cartel. Individually, profit is highest if only the competitor(s) is...

Both in the field and in the lab, participants frequently cooperate, despite the fact that the situation can be modelled as a simultaneous, symmetric prisoner’s dilemma. This experiment manipulates the payoff in case both players defect, and explains the degree of cooperation by a combination...

How do actual prisoners solve their proverbial dilemma? In a lab experiment, conducted in a German prison for male juvenile offenders, we find that prisoners are no less cooperative than students in a symmetric two-person prisoner's dilemma. Using data from post-experimental tests, we explain...

If two players of a simultaneous symmetric one-shot prisoner's dilemma hold standard prefer-ences, the fact that choosing the cooperative move imposes harm on a passive outsider is imma-terial. Yet if participants hold social preferences, one might think that they are reticent to impose harm on...