Der Rückschaufehler Das Problem der Ex-ante-Perspektive bei der Fahrlässigkeitsbeurteilung ex post

Abstract: Judging negligence correctly is notoriously difficult once a catastrophic result is known to the individual making the judgement. Due to a phenomenon called hindsight bias, the events leading up to a specific outcome seem significantly more self-evident in hindsight than they did moving forward in time. In a forensic setting, judges are expected by law to ponder foreseeability ex ante, even though the result is presented in the file. Not only are legal practitioners typically unaware of the hindsight bias; disappointingly, empirical research suggests that even warning them of it does little to circumvent its effects.

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Distributed under the Creative Commons License CC BY 4.0
Suggested Citation
Mohnert and Effer-Uhe, Der Rückschaufehler, LAW’S|EMPIRICS, 06/28/19, DOI: 10.25527/re.2019.08

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