Jesuit University Ignatianum in Cracow

English abstract: Hindsight bias is one of the cognitive biases, which are biases that people make systematically and predictably. The essence of this bias is inability to correctly evaluate the probability of past events. Our tendency to overestimate it can lead to disturbing consequences in legal proceedings where such activities are on the agenda. In our analysis we will focus on assessing how the hindsight bias affects the way in which judges determine guilt in civil proceedings. Moreover, we will try to identify the consequences of moral, economic and legal aspects of theoretical analyzed cognitive error.

Keywords: hindsight bias, cognitive bias, liability for damages, cognitive psychology, civil law, legal philosophy

Language: Polish

Published: Number 2(11)/2015, p. 131-141.

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