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February 18, 2019

How the Talmud Anticipated Behavioral Economics

From ancient tort laws to modern Israeli psychologists.

In talmudic tort law, remuneration for damages must in many cases be paid in high-quality land. (As in most premodern economies, payment made in kind was more common than payment in cash.) A court thus places a price on the damages and then the responsible party must transfer to the plaintiff an area of his best land of equivalent value—rather than a larger area of lower-quality land. From the standpoint of classical economics, such a requirement is nonsensical, as Shlomo Zuckier writes:

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