Intuitions about penalties and compensation in the context of tort law

Springer Science and Business Media LLC - 1993
Jonathan Baron1, Ilana Ritov2
1Department of Psychology, University of Pennsylvania, Philadelphia
2Department of Industrial Engineering and Management, Ben-Gurion University, Beer Sheeva, Israel

Tóm tắt

Students, retired judges, economists, and others made judgments of appropriate penalties and compensation for hypothetical injuries. In some scenarios, compensation was paid by the government and penalties were paid to the government, so the two could differ. Penalties were generally uninfluenced by their deterrent effect on future behavior. Penalties were greater when they were paid directly to the victim than when they were paid to the government. Compensation was affected by whether injuries were caused by people or by nature, or by acts vs. omissions. These effects are not justified according to consequentialist views of penalties and compensation. We suggest that people are overgeneralizing reasonable rules and that such overgeneralization may be involved in perverse effects of tort law.

Từ khóa


Tài liệu tham khảo

Baron, Jonathan. (1991). “Harmful Heuristics and the Improvement of Thinking.” In D. Kuhn (ed.),Developmental Perspectives on Teaching and Learning Thinking Skills. Basel: Karger.

Baron, Jonathan, (In press). “Heuristics and Biases in Equity Judgments: A Utilitarian Approach.” In B. A. Mellers and J. Baron (eds.),Psychological Perspectives on Justice. New York: Cambridge University Press.

Baron, Jonathan, Rajeeve Gowda, and Howard Kunreuther. (1993). “Attitudes toward Managing Hazardous Waste: What Should be Cleaned Up and Who Should Pay for It?”Risk Analysis 13, 183–192.

Baron, Jonathan and John C. Hershey, (1988). “Outcome Bias in Decision Evaluation,”Journal of Personality and Social Psychology, 54, 569–579.

Brown, John P. (1973). “Toward an Economic Theory of Liability,”Journal of Legal Studies, 2, 323–349.

Calabresi, Guido. (1970).The Costs of Accidents: A Legal and Economic Analysis. New Haven: Yale University Press.

Calfee, John E., and Paul H. Rubin. (In press). “Some Implications of Damage Payments for Nonpecuniary Losses,”Journal of Legal Studies.

David, A.B. (1986). “DTP: Drug Manufacturers' Liability in Vaccine-Related Injuries,”Journal of Products Liability 94, 361–405.

Djerassi, Carl. (1989). “The Bitter Pill,”Science 245, 356–361.

Fincham, Frank D. and Joseph M. Jaspars. (1980). “Attribution of Responsibility: From Man the Scientist to Man as Lawyer,”Advances in Experimental Social Psychology 13, 81–138.

Friedman, David. (1982). “What is ‘fair compensation’ for death or injury?”International Review of Law and Economics 2, 81–93.

Hinman, A.R. (1986). “DTP Vaccine Litigation,”American Journal of Diseases of Children 140, 528–530.

Hofmann, M. A. (1988). “No-fault System to Compensate Vaccine Injuries,”Business Insurance 22 (5), 3, 24–25.

Huber, Peter W. (1988).Liability: The Legal Revolution and Its Consequences. New York: Basic Books.

Huber, Peter W. (1991).Galileo's Revenge: Junk Science in the Courtroom. New York: Basic Books.

Huber, Peter W. and Robert E. Litan (eds.). (1991).The Liability Maze: The Impact of Liability Law on Safety and Innovation. Washington: Brookings Institution.

Inglehart, John K. (1987). “Compensating Children with Vaccine-Related Injuries,”New England Journal of Medicine 316, 1283–1288.

Landes, William M. and Richard A. Posner. (1987).The Economic Structure of Tort Law. Cambridge, MA: Harvard University Press.

Mastroianni, Luigi, Jr., Peter J. Donaldson, and Thomas T. Kane. (1990).Developing New Contraceptives: Obstacles and opportunities. Washington: National Academy Press.

Ritov, Ilana and Jonathan Baron. (1990). “Reluctance to Vaccinate: Omission Bias and Ambiguity,”Journal of Behavioral Decision Making 3, 263–277.

Ritov, Ilana and Jonathan Baron. (1992). “Judgments of Compensation for Misfortune: The Role of Expectation,” manuscript, Department of Psychology, University of Pennsylvania, Philadelphia, PA.

Schwartz, Alan. (1988). “Proposals for Products Liability Reform: A Theoretical Synthesis,”Yale Law Journal 97, 353–419.

Schwartz, Gary T. (1991). “Product Liability and Medical Malpractice in Comparative Context.” In P. W. Huber and R. E. Litan (eds.),The Liability Maze: The Impact of Liability Law on Safety and Innovation. Washington: Brookings Institution, pp. 28–80.

Shavell, Steven. (1987).Economic Analysis of Accident Law. Cambridge, MA: Harvard University Press.

Spranca, Mark, Elisa Minsk, and Jonathan Baron. (1991). “Omission and Commission in Judgment and Choice,”Journal of Experimental Social Psychology, 27, 76–105.

Viscusi, W. Kip and Michael J. Moore. (In press). “Product Liability: Research and Development, and Innovation,”Journal of Political Economy.

Walster, Elaine, G. W. Walster and Ellen Berscheid (1978).Equity: Theory and Research. Boston: Allyn & Bacon.

Thông tin
Thông tin xuất bản

Springer Science and Business Media LLC

Thông tin tác giả