Evolutionary Analysis an Law: On Disclosure Regulation

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Michael D. Guttentag

This article, a contribution to a symposium celebrating the twentieth anniversary of the Society for Evolutionary Analysis in Law, applies evolutionary analysis to the study of disclosure regulation. I consider how an evolutionary perspective can improve our understanding of when and how to use disclosure requirements to regulate social activity.

I. INTRODUCTION

Evolutionary analysis in law offers both promise and peril. The promise comes from its unique ability to answer “Why?” questions about human behavior. If we can explain why a behavior occurs, then it should be easier to predict and explore the contours and intensity of that behavior and, perhaps, better understand how to modify that behavior, if need be. This is the promise of evolutionary analysis in law.

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