منابع مشابه
Custom, Normative Practice, and the Law
Legally binding custom is conventionally analyzed in terms of two independent elements: regularities of behavior (usus) and convictions of actors engaging in the behavior that it is legally required (opinio juris). This additive conception of custom is deeply flawed. This Essay argues that we must abandon the additive conception and replace it with an account of custom that understands legally ...
متن کامل"Leaky" Rationality: How Research on Behavioral Decision Making Challenges Normative Standards of Rationality.
For more than 30 years, decision-making research has documented that people often violate various principles of rationality, some of which are so fundamental that theorists of rationality rarely bother to state them. We take these characteristics of decision making as a given but argue that it is problematic to conclude that they typically represent departures from rationality. The very psychol...
متن کاملHow Research on Behavioral Decision Making Challenges Normative Standards of Rationality
For more than 30 years, decision-making research has documented that people often violate various principles of rationality, some of which are so fundamental that theorists of rationality rarely bother to state them. We take these characteristics of decision making as a given but argue that it is problematic to conclude that they typically represent departures from rationality. The very psychol...
متن کاملNormative Target-Based Decision Making
This paper relates normative expected-utility decision making to target-based decision making, and introduces a new quantity, the aspiration equivalent. We show that using the aspiration equivalent as a target provides a new method for choosing between lotteries that is consistent with expected-utility maximization. Furthermore, we show that the aspirationequivalent target provides a win–win si...
متن کاملNormative and Descriptive Aspects of Decision Making
The problems of human behavior in decision processes are central in this chapter. The gaps between the requirements of decision methods and the possibilities of human information processing systems are analyzed. The qualitative model describing the decision maker’s behavior is proposed. The model defines the guidelines for the construction of decision methods justified from behavior point of vi...
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ژورنال
عنوان ژورنال: Tilburg Law Review
سال: 2012
ISSN: 2211-0046,2211-2596
DOI: 10.1163/22112596-01702012