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Experimental Study of Law

In: Handbook of Law and Economics

Author

Listed:
  • Camerer, Colin
  • Talley, Eric

Abstract

This chapter surveys literature on experimental law and economics. Long the domain of legally minded psychologists and criminologists, experimental methods are gaining significant popularity among economists interested in exploring positive and normative aspects of law. Because this literature is relatively new among legally-minded economists, we spend some time in this survey on methodological points, with particular attention to the role of experiments within theoretical and empirical scholarship, the core ingredients of a well done experiment, and common distinctions between experimental economics and other fields that use experimental methods. We then consider a number of areas where experimental evidence is increasingly playing a role in testing the underlying foundational precepts of economic behavior as it applies to law, including bargaining in the shadow of the law, the selection of suits for litigation, and the investigation of jury and judge behavior. Our survey concludes by offering some suggestions about what directions experimental economists might push the methodology in the study of legal rules.

Suggested Citation

  • Camerer, Colin & Talley, Eric, 2007. "Experimental Study of Law," Handbook of Law and Economics, in: A. Mitchell Polinsky & Steven Shavell (ed.), Handbook of Law and Economics, edition 1, volume 2, chapter 21, pages 1619-1650, Elsevier.
    • Handle: RePEc:eee:lawchp:2-21
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    Citations

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    Cited by:

    1. Eric Langlais, 2008. "Asymmetric information, self-serving bias and the pretrial negotiation impasse," EconomiX Working Papers 2008-30, University of Paris Nanterre, EconomiX.
    2. Konstantin Chatziathanasiou & Svenja Hippel & Michael Kurschilgen, 2022. "Does the Threat of Overthrow Discipline the Elites? Evidence from a Laboratory Experiment," The Journal of Legal Studies, University of Chicago Press, vol. 51(2), pages 289-320.
    3. Tatyana Deryugina & Frances C. Moore & Richard S.J. Tol, 2020. "Applications of the Coase Theorem," Working Paper Series 0820, Department of Economics, University of Sussex Business School.
    4. Aimone, Jason A. & North, Charles & Rentschler, Lucas, 2019. "Priming the jury by asking for Donations: An empirical and experimental study," Journal of Economic Behavior & Organization, Elsevier, vol. 160(C), pages 158-167.
    5. Konstantin Chatziathanasiou & Svenja Hippel & Michael Kurschilgen, 2020. "Do rights to resistance discipline the elites? An experiment on the threat of overthrow," Munich Papers in Political Economy 08, Munich School of Politics and Public Policy and the School of Management at the Technical University of Munich.
    6. Pecorino, Paul & Solomon, Michael & Van Boening, Mark, 2021. "Bargaining with voluntary transmission of private information: An experimental analysis of final offer arbitration," Journal of Economic Behavior & Organization, Elsevier, vol. 191(C), pages 334-366.
    7. Pecorino, Paul & Van Boening, Mark, 2015. "Costly voluntary disclosure in a screening game," International Review of Law and Economics, Elsevier, vol. 44(C), pages 16-28.
    8. Lana Friesen, 2012. "Certainty of Punishment versus Severity of Punishment: An Experimental Investigation," Southern Economic Journal, John Wiley & Sons, vol. 79(2), pages 399-421, October.

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