Vol. 22 No. 2 (2018): Behaviorism and Criminal Law. On the Use of Nudges for Crime Deterrence

Behavioral Law and Economics examines the relationships between law and the behavioral sciences. It accepts the premise that human behavior can be predicted; however, it replaces the traditional assumptions of rational choice theory with alternative predictions, based on well-documented behavioral phenomena. In the context of criminal law, Behavioral Law and Economics holds that the legal system should use the findings of the behavioral sciences to induce individuals to act in socially desirable ways. The authors of the main paper examine some objections to this view from both a pragmatic and principled perspective.