What Has Love Got To Do With It? Sentimental Attachments and Legal Decision-Making

Abstract

There is burgeoning literature about the "behavioral era" in law–i.e., an era that seeks to conform the law to emerging understandings of what makes people tick. The basic concept rests on two key assumptions. First, individuals are not always rational economic actors. This is, by now, well established as a matter of fact. Second, as a normative matter, it therefore is appropriate, and important, to structure legal regimes (the law and the institutions that make and administer it) so that they are responsive to this emerging understanding of "behavioral realities." Better alignment of our legal system and people's desires will build confidence in government, enhance legitimacy, and promote compliance with the decisions of legal authorities.