Unpacking Negligence Liability: Experimentally Testing the Governance Effect

Theodore Eisenberg and Christoph Engel

Journal of Empirical Legal Studies, 2016, vol. 13, issue 1, 116-152

Abstract: Arguably, if a court holds a defendant liable for negligently inflicting harm on the plaintiff, this intervention combines three effects: (1) the court specifies the normative expectation, (2) the court expresses dissatisfaction with the plaintiff's behavior, for example, her level of activity, and (3) the court obliges the defendant to compensate the plaintiff. In the field, it would be close to impossible to disentangle the three effects, or to investigate how they interact with intrinsic reticence to inflict harm on a passive outsider. We therefore go to the lab. We do not find an effect of intrinsic morality. However, the intervention has a separate significant effect on each of the three channels.

Date: 2016
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (5)

Downloads: (external link)
https://doi.org/10.1111/jels.12099

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:wly:empleg:v:13:y:2016:i:1:p:116-152

Access Statistics for this article

More articles in Journal of Empirical Legal Studies from John Wiley & Sons
Bibliographic data for series maintained by Wiley Content Delivery ().