University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 2007 The Neoclassical Economics of Consumer Contracts Richard A. Epstein Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Richard A. Epstein, "The Neoclassical Economics of Consumer Contracts," 92 Minnesota Law Review 803 (2007). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact
[email protected]. Exchange The Neoclassical Economics of Consumer Contracts Richard A. Epsteint There is little doubt that the major new theoretical ap- proach to law and economics in the past two decades does not come from either of these two fields. Instead it comes from the adjacent discipline of cognitive psychology, which has now morphed into behavioral economics. Starting with the path- breaking work of Amos Tversky and Daniel Kahneman in the 1970s, the field has asked one question in a thousand guises: do ordinary people obey the principles of rational choice in making their decisions?' The usual answer given in the field is that in at least some domains they do not.2 The new law and economics literature uses these behavioral findings, especially in the study of cognitive bias, to open a new chapter in the long- standing debate over the extent to which market failures pave t The James Parker Hall Distinguished Service Professor of Law, The University of Chicago, and the Peter and Kirsten Bedford Senior Fellow, The Hoover Institution.