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Legal Experiments
On December 6, 2012, Christoph Engel - Director of the Max Planck Institute for Research on Collective Goods in Bonn and Professor of Law at the Universities of Bonn and Osnabruck - was installed as holder of the Erasmus Chair of Internationalization at Erasmus University, Rotterdam. Over the years, Engel has increasingly branched out, specializing in the experimental testing of legal issues. From this angle, he contributes to the empirical branch of legal scholarship at Erasmus School of Law. In his inaugural lecture, which is contained in this book, Christoph Engel discusses the merits and the challenges in using a scientific method for casting new light on the social problems the law intends to address, and on the effectiveness of legal intervention. While lab experiments are common in the natural sciences, and have become increasingly popular in economics, they still meet considerable resistance in legal academia. Engel's lecture explains the concerns, and he uses an example experiment to demonstrate how the concerns can be addressed.
Heuristics and the Law
Experts in law, psychology, and economics explore the power of "fast and frugal" heuristics in the creation and implementation of law In recent decades, the economists' concept of rational choice has dominated legal reasoning. And yet, in practical terms, neither the lawbreakers the law addresses nor officers of the law behave as the hyperrational beings postulated by rational choice. Critics of rational choice and believers in "fast and frugal heuristics" propose another approach: using certain formulations or general principles (heuristics) to help navigate in an environment that is not a well-ordered setting with an occasional disturbance, as described in the language of rational choice, ...
Competition and Regulation in Telecommunications
This volume brings together academic economists and lawyers to evaluate and compare the regulation of telecommunications markets in Germany and the United States. The unifying theme in all of the pa pers is that the goal of public policy in this area should be to make the broadest and most functional competition possible by means of an ap propriate regulatory framework. Because the European and American telecommunications markets are becoming more intertwined each day, the issues addressed in this volume will be topical to the business, government, and academic communities for some time. For the chairman of the Monopoly Commission, Wernhard Moschel, the opening of the German telecommunications market has been successful in principle. This is clearly recognizable in the case of the competition in long-distance transport. Based on the view that the regulatory authority should make itself obsolete, Professor Moschel advocates an incremental review and gradual reduction of regulation.
Better Than Conscious?
Experts discuss the implications of the ways humans reach decisions through the conscious and subconscious processing of information.
Generating Predictability
Human behaviour is infinitely complex, the result of thousands of interactions between predispositions, external factors and physical and cognitive processes. It is also highly unpredictable, which makes meaningful social engagement difficult without the aid of some external framework such as that offered by an institution. Both formal and informal institutions can provide the element of predictability necessary for successful, complex interactions, a factor which is often overlooked by institutional analysts and designers. Drawing on a wide range of disciplines including psychology, economics, and sociological and political studies, this book develops a coherent and accessible theory for explaining the unpredictability of individual behaviour. The author then highlights the danger of institutional reforms undermining the very capacity to generate predictability which is so central to their success. This book will appeal to academics, researchers and professionals in many fields including management studies, behavioural economics and the new, interdisciplinary field of institutional design.
Deliberate Ignorance
Psychologists, economists, historians, computer scientists, sociologists, philosophers, and legal scholars explore the conscious choice not to seek information. The history of intellectual thought abounds with claims that knowledge is valued and sought, yet individuals and groups often choose not to know. We call the conscious choice not to seek or use knowledge (or information) deliberate ignorance. When is this a virtue, when is it a vice, and what can be learned from formally modeling the underlying motives? On which normative grounds can it be judged? Which institutional interventions can promote or prevent it? In this book, psychologists, economists, historians, computer scientists, sociologists, philosophers, and legal scholars explore the scope of deliberate ignorance.
The Cambridge Handbook of Comparative Law
Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).
