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Psychological research on heuristics meets the law

Published online by Cambridge University Press:  09 April 2001

Christoph Engel
Affiliation:
Max-Planck-Projektgruppe, Recht der Gemeinschaftsguter, Poppelsdorfer Allee 45, D 53115 Bonn, [email protected] www.mpp-rdg.mpg.de

Abstract

Heuristics make decisions not only fast and frugally, but often nearly as well as “full” rationality or even better. Using such heuristics should therefore meet health care standards under liability law. But an independent court often has little chance to verify the necessary information. And judgments based on heuristics might appear to have little legitimacy, given the widespread belief in formal rationality.

Type
Open Peer Commentary
Copyright
© 2000 Cambridge University Press

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