Law and heuristics: An interdisciplinary venture (2006)
Authors
Abstract
(from the chapter) The present book explores a new union of ideas between law and psychology. This engagement has a long past, but a short history. Psychological intuitions were present at the dawn of law, but the interdisciplinary venture is in its teens. Our focus is on heuristics, that is, simple strategies that professionals and laypeople use when making decisions with limited time and information. Many lawyers would posit "heuristics and the law" to be a nonissue. Similarly, most psychologists would not think of the law when they think of heuristics. Upon closer inspection, however, one finds courts cutting through complex cases by relying on rules of thumb, administrators making decisions based on one good reason, and legislators responding to scandal. Should that be seen as irrational and irresponsible? Or can simplicity, transparency, limited search, aspiration levels, and the other tools of heuristic decision making actually help? After all, social scientists report that ordinary people can achieve "better than rational" results by using heuristics that build on reciprocal altruism, recognition, reputation, and trust. Are these results, however, relevant for legal decisions? The purpose of this book is to elucidate the power and limits of fast and frugal heuristics in the creation and implementation of law. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
Bibliographic entry
Engel, C., & Gigerenzer, G. (2006). Law and heuristics: An interdisciplinary venture. In G. Gigerenzer & C. Engel (Eds.), Heuristics and the law (pp. 1-16). Cambridge, MA: MIT Press. (Full text)
Miscellaneous
Publication year | 2006 | |
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Document type: | In book | |
Publication status: | Published | |
External URL: | http://library.mpib-berlin.mpg.de/ft/gg/GG_Law_2006.pdf View | |
Categories: | ||
Keywords: | *decision making*forensic psychology*heuristics*law (government)*legal processeslaws |