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Law, Psychology, and MoralityThe Role of Loss Aversion$
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Eyal Zamir

Print publication date: 2014

Print ISBN-13: 9780199972050

Published to Oxford Scholarship Online: November 2014

DOI: 10.1093/acprof:oso/9780199972050.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 02 August 2021

Correspondence between Loss Aversion and the Law

Correspondence between Loss Aversion and the Law

Chapter:
(p.119) 6 Correspondence between Loss Aversion and the Law
Source:
Law, Psychology, and Morality
Author(s):

Eyal Zamir

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199972050.003.0006

This chapter argues that loss aversion can explain basic features of entire legal fields, the relative importance of different fields, and certain specific doctrines. It demonstrates this by exploring, among other things, the different roles that tort law and the law of unjust enrichment play in all legal systems; the fundamentally different treatment of takings and givings in constitutional property law; the defense of necessity in criminal law; the much greater constitutional protection afforded to civil and political rights compared to social and economic ones; and the difference between not-hiring and firing in affirmative-action plans. It further analyzes the distinction between expelling asylum seekers and denying them entry; the asymmetry between tax exemptions and spending; the burden of proof in civil litigation; and preliminary injunctions.

Keywords:   affirmative action, burden of proof, contract remedies, criminal law, human rights, necessity, preliminary injunctions, takings, tax law, tort law

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