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3 - The Implications of Comprehension Asymmetries for the Law

from Part I - The Concept

Published online by Cambridge University Press:  21 June 2019

Wendy Wagner  and
Will Walker
Wendy Wagner
Affiliation:
University of Texas School of Law
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Summary

This final orientation chapter in Part I explores how a legal system that fails to account for comprehension asymmetries can exacerbate preexisting impediments to cooperative communication. After identifying those legal settings where comprehension asymmetries are likely to be most severe, the chapter concludes by suggesting general reforms that strengthen the speakers' incentives to communicate cooperatively with their audience.

Keywords

Rule-benderRule-followerdatabombcomplexifyobfuscatedeliberate ambiguityinformation overloadprocessing costlegal designincentives
Type
Chapter
Information
Incomprehensible!
A Study of How our Legal System Encourages Incomprehensibility, Why It Matters, and What We Can Do About It
 , pp. 29 - 44
Publisher: Cambridge University Press
Print publication year: 2019

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