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Consumer Contracts: Behavioral Economics vs. Neoclassical Economics
Richard A. Epstein, University of Chicago
Oren Bar-Gill, Law School, New York University
forthcoming in the Minnesota Law Review, Vol. 92
ABSTRACT: In the past decade behavioral economics has established itself as a contender to the throne of neoclassical economics in the economic analysis of law. The pros and cons of behavioral as compared to neoclassical economics have been vigorously debated at the general, methodology level. But the success or failure of the behavioral challenge will be judged by its ability to improve upon neoclassical economics—both descriptively and prescriptively—in specific legal applications. Consumer contracts provide an important test case for behavioral economics. In this Exchange we offer the first comprehensive debate between the behavioral and neoclassical perspectives as applied to the law and economics of consumer contracts.
SUGGESTED CITATION: Richard A. Epstein and Oren Bar-Gill,
"Consumer Contracts: Behavioral Economics vs. Neoclassical Economics"
(April 25, 2007).
New York University School of Law.
New York University Law and Economics Working Papers.
Paper 91.
http://lsr.nellco.org/nyu/lewp/papers/91
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