Experimental Psychology on Fairness - Dictionary of Arguments
Parisi I 108
Fairness/Experimental Psychology/Wilkinson-Ryan: Assessments of fairness can turn on questions that we might otherwise think of as outside the normative sphere of equity or justice—things like the wealth of the parties, their post-incident behavior, and other factors. For example, interpersonal comparisons may affect whether or not a particular division of resources appears equitable (Loewenstein, Thompson, and Bazerman, 1989)(1).
Intuitions about compensation for personal injuries appear to be highly sensitive to some of the concerns of fairness as between the parties and impervious to larger questions of the social good. Baron and Ritov (1993)(2) found, for example, that people are compensated for injuries caused by acts but not for other injuries, even when providing compensation is harmful overall. Indeed, harms caused by actions are deemed more harmful than harms caused by omissions, even when there is no clear normative distinction (in terms of intentionality and outcome) between the cases (Ritov and Baron, 1992)(3). >Compensation/Cooter, >Apologies/Experimental psychology, >Dispute resolution/Experimental psychology.
1. Loewenstein, George F., Leigh Thompson, and Max H. Bazerman (1989). “Social Utility and Decision Making in Interpersonal Contexts.” Journal of Personality and Social Psychology 57: 426–441.
2. Baron, Jonathan and Ilana Ritov (1993). “Intuitions about Penalties and Compensation in the Context of Tort Law.” Journal of Risk and Uncertainty 7: 17–33.
3. Ritov, Ilana and Jonathan Baron (1992). “Status-Quo and Omission Biases.” Journal of Risk and Uncertainty 5: 49–61.
Wilkinson-Ryan, Tess. „Experimental Psychology and the Law“. In: Parisi, Francesco (ed) (2017). The Oxford Handbook of Law and Economics. Vol 1: Methodology and Concepts. NY: Oxford University Press._____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. The note [Author1]Vs[Author2] or [Author]Vs[term] is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition.
Francesco Parisi (Ed)
The Oxford Handbook of Law and Economics: Volume 1: Methodology and Concepts New York 2017