Texas Law Review Archives
 

Volume 80
2001-2002

Issue Number 2


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.
 

 

Back to Volume 80 Index