Mark Schweizer
Mathis (Hrsg.), European Perspectives on Behavioural Law and Economics, Heidelberg u.a. 2015, 125-145
Publication year: 2015

This article shows how insights from cognitive psychology, namely loss aversion, omission bias and status quo bias, explain the intuitive appeal of a standard of proof in civil cases that is considerably higher than the “preponderance of the evidence” or “balance of probabilities” standard employed by Common Law. These insights may explain the almost visceral rejection any suggestions lowering the standard of proof in civil matters have received in Germany. They do not, however, provide a normative basis for a standard of proof higher than 50% posterior subjective probability in civil cases.

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