In Law
Similar to how some economists have drawn attention to how affective forecasting violates assumptions of rationality, legal theorists point out that inaccuracies in these forecasts have implications in law that have remained overlooked. For example, jury awards for tort damages are based on compensating victims for pain, suffering, and loss of quality of life. However, findings in affective forecasting errors have prompted some to suggest that juries are overcompensating victims, since their forecasts overestimate the negative impact of damages on the victims' lives. Some scholars suggest implementing jury education to attenuate potentially inaccurate predictions, drawing upon research that investigates how to decrease inaccurate affective forecasts. In addition to influencing legal discourse on emotions, tort damages, and welfare, Jeremy Blumenthal cites additional implications of affective forecasting in civil jury compensation, contract law, sexual harassment, health law, and capital sentencing. The application of affective forecasting, and its related research, to legal theory reflects a wider effort to address how emotions affect the legal system.
Read more about this topic: Affective Forecasting
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