Article:
Daphna
Lewinson-Zamir, The Choice Between Property Rules and
Liability Rules Revisited: Critical Observations from Behavioral
Studies, 80 TEXAS L. REV. 219 (2001).
Abstract:
In
his article, Professor Lewinsohn-Zamir criticizes the new trend
favoring liability-rule protection for entitlements and
vindicates the superiority of property rules. Lewinsohn-Zamir
offers additional reasons for favoring property rules when
bargaining is feasible, and highlights the shortcomings of
bargaining in the shadow of liability rules by drawing on
insights from behavioral and psychological studies of bargaining
behavior. Additionally,
Professor Lewinson-Zamir argues that, contrary to standard
economic assumptions, people do not try to hold out for all the
gains of a trade, but fairly split its potential profits.
This article is significant because it demonstrates how
different rules can encourage or, instead, discourage fair
behavior and willingness to compromise among individuals.