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On the role of emotions in experimental litigation contests

Author

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  • Eisenkopf, Gerald
  • Friehe, Tim
  • Wohlschlegel, Ansgar

Abstract

We present experimental evidence on the influence of emotions on litigation, using a stylized litigation contest in which a potential plaintiff can make a costly effort to regain points that had been transferred to the potential defendant before. In our design, we compare data from a treatment in which any transfer of points happens only when a player decided to take points from the other one (i.e., in which takings are intentional) to data from a treatment in which transfers are initiated by chance (i.e., takings are random events). Takings that are intentional induce negative emotions (e.g., anger), but this emotional arousal does not influence litigant behavior in terms of either filing a case or spending litigation effort. Our observation is independent of litigation being a one-staged or a (possibly) two-staged contest (i.e., one with an appeal).

Suggested Citation

  • Eisenkopf, Gerald & Friehe, Tim & Wohlschlegel, Ansgar, 2019. "On the role of emotions in experimental litigation contests," International Review of Law and Economics, Elsevier, vol. 57(C), pages 90-94.
    • Handle: RePEc:eee:irlaec:v:57:y:2019:i:c:p:90-94
    DOI: 10.1016/j.irle.2019.01.003
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    Cited by:

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    2. Baharad, Roy & Cohen, Chen & Nitzan, Shmuel, 2022. "Litigation with adversarial efforts," International Review of Law and Economics, Elsevier, vol. 69(C).
    3. Wladislaw Mill & Jonathan Stäbler, 2023. "Spite in Litigation," CESifo Working Paper Series 10290, CESifo.

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    More about this item

    Keywords

    Litigation; Contest; Emotions; Experiment;
    All these keywords.

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • D91 - Microeconomics - - Micro-Based Behavioral Economics - - - Role and Effects of Psychological, Emotional, Social, and Cognitive Factors on Decision Making
    • C91 - Mathematical and Quantitative Methods - - Design of Experiments - - - Laboratory, Individual Behavior

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