Framing Proportionality: Rationality and Cognitive Biases (ACIL Lecture)
Prof. van Aaken will present a paper that addresses certain features of proportionality analysis which may influence the outcome of the decision due to biases and heuristics of the relevant decision-makers.
Proportionality analysis (PA) is ever more widely used by national and international courts to balance public goals and private rights or rights against rights. Proportionality itself is a frame within which we often think as lawyers. Hitherto, it mostly seen as a rational process of decision-making. But is it? How far does the frame of the PA itself frame the decision-making of (judicial) actors? Do biases and heuristics influence the decision qua the way PA is set up? The paper aims to shed light on certain features of PA which might, depending how the analysis is conducted, influence the outcome of the decision due to biases and heuristics of the relevant decision-makers.
About the speaker
Prof. Anne van Aaken is Professor for Law and Economics, Legal Theory, Public International Law and European Law at the University of St. Gallen, Switzerland.
Faculty of Law, University of Amsterdam
Oudemanhuispoort 4-6, Room A101
The ACIL regularly organizes ACIL Lectures at which external speakers present papers relevant to research carried out at the ACIL. ACIL Lectures are open to all; registration is not required.