Cognitive errors: economic and dogmatic-legal aspects

The article is dedicated to assessing the impact of cognitive biases (over-optimism, inadequate estimation of low probability, loss aversion, etc.), which are well investigated in behavioral economics, on the legislation. Examples of the influence of cognitive biases on legal norms in the consumer legislation, other institutions of civil law, and public law are given. It is concluded that, if the average person is inclined to make cognitive mistakes, then they should be taken into account in the standard of reasonableness. Such errors should be considered excusable.