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[RETRACTED ARTICLE] HEURISTICS AND BIASES OF JUDICIAL DECISION: AN ECONOMIC AND BEHAVIORAL ANALYSIS OF LAW

Abstract

This text addresses the matter of judicial decision from a multidisciplinary perspective of the obstacles and vices of decision-making under the theory of behavioral psychology and economic and behavioral analysis of law (heuristics and biases), and the supposed rationality of homo economicus as opposed to homo pragmaticus, regarding the neuropsychophysical conformation of judges’ decisions. Some questions arise, such as: How do beliefs, prejudices, thoughts and reasonings consciously or unconsciously take shape from essentially emotional and irrational daily life reactions? How do the emotion, the heuristics and biases influence judicial decisions and affect the options of free choices?

Judicial decision; heuristics and biases; economic and behavioral analysis of law; emotional reason

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