Abstract
In this article, José María de la Jara analyses the biases and heuristics that influence the judge's reasoning when determining tort liability. Specifically, it deals with the elements of attribution factor and damage, explaining them in the light of psychological studies and also providing tools to counteract the negative effects of the biases. It also reflects on the importance of covert persuasion as a beneficial tool for lawyers and judges.
Translated title of the contribution | Condemned by intuition: the judge's brain in determining the damage and the attribution factor |
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Original language | Spanish |
Pages (from-to) | 146-174 |
Journal | Forseti |
Issue number | 3 |
DOIs | |
State | Published - 2014 |
Keywords
- Jueces--Perú
- Responsabilidad extracontractual--Perú