Law and the Emotions

By Eric A. Posner. 2000

171 citations recorded by the source corpus.

This paper presents a framework for understanding the relationship between rational choice and emotional behavior. Emotions are interpreted as temporary albeit predictable changes in preferences, abilities, and beliefs. People act rationally in anticipation of their own emotional reactions to provocations and other stimuli; they also act rationally when under the influence of emotion. The law needs to take account of both of these effects. The paper discusses (1) the sanction for murders committed under the influence of rage or hate, (2) the treatment of prejudicial evidence such as gory photographs, (3) safety regulation when individuals are subject to fear or dread, (4) contract and judicial remedies when parties become angry at each other, and (5) cost-benefit analysis of projects that provoke emotional responses.

Subfields: Economics and Econometrics, Law

View Paper: https://www.semanticscholar.org/paper/8d96af9f999a522cf3c5fc9806ace58afedfd9df

Citations in the corpus

• Does Happiness Adapt? A Longitudinal Study of Disability with Implications for Economists and Judges (2008, unknown): “However, in a somewhat related spirit, Posner (2000) argues persuasively for a better understanding of the emotions.”