Behavioral Jurisprudence: Law Needs a Behavioral Revolution

Curated on Posted on by Stefaan Verhulst

Article by Benjamin van Rooij and Adam Fine: “Laws are supposed to protect us. At work, they should eliminate unsafe working conditions and harassment. On our streets, they should curb speeding, distracted driving, and driving under the influence. And throughout our countries, they should protect citizens against their own governments.

The law is the most important behavioral system we have. Yet it is designed and operated by behavioral novices. Lawyers draft legislation, interpret rules, and create policies, but legal training does not teach them how laws affect human and organizational behavior.

Law needs a behavioral revolution, like the one that rocked the field of economics. There is now a large body of empirical work that calls into question the traditional legal assumptions about how law shapes behavior. This empirical work also offers a path forward. It can help lawyers and others shaping the law understand the law’s behavioral impact and help align its intended influence on behavior to its actual effects.

For instance, the law has traditionally focused on punishment as a means to deal with harmful behavior. Yet there is no conclusive evidence that threats of incarceration or fines reduce misconduct. Most people do not understand or know the law, and thus never come to weigh the law’s incentives in deciding whether to comply with it.

The law also fails to account for the social and moral factors that affect how people interpret and follow it. For instance, social norms—what people see others do or think others hold they should do—can shape what we think the laws say. Research also shows that people are more likely to follow rules they deem legitimate, and that rules that are made and enforced in a procedurally just and fair manner enhance compliance.

And, traditionally, the law has focused on motivational aspects of wrongdoing. But behavioral responses to the law are highly situational. Here, work in criminology, particularly within environmental criminology, shows that criminal opportunities are a chief driver of criminal behavior. Relatedly, when people have their needs met, for instance when they have a livable wage or sufficient schooling, they are more likely to follow the law…(More)”.

How Secure Is Our Data, Really?

Curated on Posted on by Stefaan Verhulst

Essay by Michael Kende: “Stepping back, a 2019 study showed that 95 percent of such data breaches could have been prevented. There are two main causes of breaches that can be averted.

First, many breaches attack known vulnerabilities in online systems. We are all used to updating the operating system on our computer or phone. One of the reasons is to patch a defect that could allow a breach. But not all of us update each patch all of the time, and that leaves us exposed. Organizations operating hundreds or thousands of devices with different systems connecting them may not devote enough resources to security or may be worried about testing the compatibility of upgrades, and this leaves them exposed to hackers searching for systems that have not been updated. These challenges were exacerbated with employees working from home during pandemic restrictions, often on their own devices with less protected networks.

Second is the phenomenon known as social engineering in which an employee is tricked into providing their password. We have all received phishing emails asking us to log into a familiar site to address an urgent matter. Doing so allows the hacker to capture the user’s email address or user name and the associated password. The hacker can then use that information directly to enter the real version of the website or may find out where else the user may go and hope they use the same login details — which, human nature being what it is, is quite common. These phishing attacks highlight the asymmetric advantage held by the hackers. They can send out millions of emails and just need one person to click on the wrong link to start their attack.

Of course, if 95 percent of breaches are preventable, that means 5 percent are not. For instance, though many breaches result from known vulnerabilities in systems, a vulnerability is by definition unknown before it is discovered. Such a vulnerability, known as a zero-day vulnerability, is valuable for hackers because it cannot be defended against, and they are often hoarded or sold, sometimes back to the company responsible so they can create a patch…(More)”.

Wicked Problems in Public Policy: Understanding and Responding to Complex Challenges

Curated on Posted on by Stefaan Verhulst

Book by Brian W. Head: “…offers the first overview of the ‘wicked problems’ literature, often seen as complex, open-ended, and intractable, with both the nature of the ‘problem’ and the preferred ‘solution’ being strongly contested. It contextualises the debate using a wide range of relevant policy examples, explaining why these issues attract so much attention.
There is an increasing interest in the conceptual and practical aspects of how ‘wicked problems’ are identified, understood and managed by policy practitioners. The standard public management responses to complexity and uncertainty (including traditional regulation and market-based solutions) are insufficient. Leaders often advocate and implement ideological ‘quick fixes’, but integrative and inclusive responses are increasingly being utilised to recognise the multiple interests and complex causes of these problems. This book uses examples from a wide range of social, economic and environmental fields in order to develop new insights about better solutions, and thus gain broad stakeholder acceptance for shared strategies for tackling ‘wicked problems’…(More)”.

Shaping the Future of Small and Medium-Sized Cities: A Framework for Digital Transformation

Curated on Posted on by Stefaan Verhulst

Report by the World Economic Forum: “Digital transformation is becoming a crucial support mechanism for countries as they respond to the COVID-19 pandemic and undergo economic rebuilding and sustained development. For small and medium-sized cities (SMCs), digital transformation can disrupt traditional business models, breakthrough geographical and spatial boundaries, and create new ways to live in the digital era. However, the digital transformation of SMCs presents challenges such as insufficient digital talent, funds, and resources, poor understanding and application of digital technologies, and a lack of intercity interaction and cooperation mechanisms. This report analyses the challenges, needs, and concerns of SMCs undergoing digital transformation in China, Japan, Brazil, and Singapore, proposes a methodological reference model, and suggests actions for various urban stakeholders…(More)”.

(When) Do Open Budgets Transform Lives? Progress and Next Steps in Fiscal Openness Research

Curated on Posted on by Stefaan Verhulst

Paper by Xiao Hui Tai, Shikhar Mehra & Joshua E. Blumenstock: “This paper documents the rapidly growing empirical literature that can plausibly claim to identify causal effects of transparency or participation in budgeting in a variety of contexts. Recent studies convincingly demonstrate that the power of audits travels well beyond the context of initial field-defining studies, consider participatory budgeting beyond Brazil, where such practices were pioneered, and examine previously neglected outcomes, notably revenues and procurement. Overall, the study of the impacts of fiscal openness has become richer and more nuanced. The most well-documented causal effects are positive: lower corruption and enhanced accountability at the ballot box. Moreover, these impacts have been shown to apply across different settings. This research concludes that the empirical case for open government in this policy area is rapidly growing in strength. This paper sets out challenges related to studying national-level reforms; working directly with governments; evaluating systems as opposed to programs; clarifying the relationship between transparency and participation; and understanding trade-offs for reforms in this area….(More)”.

Why Democracy vs. Autocracy Misses the Point

Curated on Posted on by Stefaan Verhulst

Essay by Jean-Marie Guéhenno: “I have always been a contrarian. I was a contrarian in 1989 when I wrote my first book, criticizing the idea—then widely held—that democracy had triumphed once and for all. And today I find that I’m a contrarian again with my new book, because everybody is talking about the confrontation between democracies and autocracies and I think that’s missing the point.

Something much more important is happening: the revolution of data, the Internet, and artificial intelligence. I believe we are on the cusp of an earthquake in the history of humanity of a kind that happens only once in hundreds of years. The most recent comparison is the Renaissance, and the pace of change today is much quicker than back then.

The institutions we built in the pre-data age are soon going to be completely overwhelmed, and thinking in terms of the old categories of democracies versus autocracies misses all the new challenges that they will have to face. This is a time of great peril as well as great promise, as was the Renaissance—not only the era of Leonard da Vinci, but also a century of religious wars.

The current revolution of data and algorithms is redistributing power in a way that cannot be compared to any historical shift. Traditionally we think of power concentrating in the hands of the leaders of states or big industrial companies. But power, increasingly, is in the hands of algorithms that are tasked (initially by humans) with learning and changing themselves, and evolve in ways we do not predict.

That means the owners of Google or Facebook or Amazon are not the masters of our destiny in the same sense as previous corporate titans. Similarly, while it is true to some extent that data will give dictators unprecedented power to manipulate society, they may also come to be dominated by the evolution of the algorithms on which they depend.

We see already how algorithms are reshaping politics. Social media has created self-contained tribes which do not speak to each other. The most important thing in democracy is not the vote itself, but the process of deliberation before the vote, and social media is quickly fragmenting the common ground on which such deliberations have been built.

How can societies exert control over how algorithms manage data, and whether they foster hatred or harmony? Institutions that are able to control this new power are not yet really in place. What they should look like will be one of the great debates of the future.

I don’t have the answers: I believe no human mind can anticipate the extent of the transformations that are going to happen. Indeed, I think the very notion that you can know today what will be the right institutions for the future is hubristic. The best institutions (and people) will be those that are most adaptable.

However, I believe that one promising approach is to think in terms of the relationship between the logic of knowledge and the logic of democracy. Take central banks as an example. The average citizen does not have a clue about how monetary policy works. Instead we rely on politicians to task the experts at central banks to try achieve a certain goal—it could be full employment, or a stable currency….(More)”.

The Power of Platforms: Shaping Media and Society

Curated on Posted on by Stefaan Verhulst

Book by Rasmus Kleis Nielsen and Sarah Anne Ganter: “More people today get news via Facebook and Google than from any news organization in history, and smaller platforms like Twitter serve news to more users than all but the biggest media companies. In The Power of Platforms, Rasmus Kleis Nielsen and Sarah Anne Ganter draw on original interviews and other qualitative evidence to analyze the “platform power” that a few technology companies have come to exercise in public life, the reservations publishers have about platforms, as well as the reasons why publishers often embrace them nonetheless.

Nielsen and Ganter trace how relations between publishers and platforms have evolved across the United States, France, Germany, and the United Kingdom. They identify the new, distinct relational and generative forms of power that platforms exercise as people increasingly rely on them to find and access news. Most of the news content we rely on is still produced by journalists working for news organizations, but Nielsen and Ganter chronicle rapid change in the ways in which we discover news, how it is distributed, where decisions are made on what to display (and what not), and in who profits from these flows of information. By examining the different ways publishers have responded to these changes and how various platform companies have in turn handled the increasingly important and controversial role they play in society, The Power of Platforms draws out the implications of a fundamental feature of the contemporary world that we all need to understand: previously powerful and relatively independent institutions like the news media are increasingly in a position similar to that of ordinary individual users, simultaneously empowered by and dependent upon a small number of centrally placed and powerful platforms…(More)”.

The quantified self

Curated on Posted on by Stefaan Verhulst

Special issue by The Economist: “Bryan Johnson has just spent another weekend being examined. “On Saturday the sonographer was measuring…my ankles and knees and hips and shoulders and elbows, assessing what is the age of my tendons and ligaments,” he says. It is part of a mission to have all 70-plus organs of his body measured in exhaustive detail so he can see whether, and to what extent, his healthy lifestyle is rejuvenating them.

Mr Johnson, a tech entrepreneur in California, says he has undergone more than 300 tests of various sorts to that end. At one point he had one to check for damage to his arteries from all the blood drawn for other tests. His diet is also entirely determined by tests which have looked at how his body reacts to some 150 foods. “My conscious mind never decides what to eat,” he says. The main meal every day is the same green veggie mush, with a side of strictly regimented sleep, exercise and meditation….”

More:

Global Data Barometer

Curated on Posted on by Stefaan Verhulst

Report and Site by the Global Data Barometer: “This report provides an overview of the Global Data Barometer findings. The Barometer includes 39 primary indicators, and over 500 sub-questions, covering 109 countries (delivering more than 60,000 data points in total). In this report, we select just a few of these to explore, providing a non-exhaustive overview of some of the topics that could be explored further using Barometer data.

  • Section 1 provides a short overview of the key concepts used in the Barometer, and a short description of the methodology.
  • Section 2 looks at the four key pillars of the Barometer (governance, capability, availability and use), and provides headlines from each.
  • Section 3 provides a regional analysis, drawing on insights from Barometer regional hubs to understand the unique context of each region, and the relative strengths and weaknesses of countries.
  • Section 4 provides a short summary of learning from the first edition, and highlights directions for future work.

The full methodology, and details of how to access and work further with Barometer data, are contained in Appendices…(More)”.

A Movement That’s Quietly Reshaping Democracy For The Better

Curated on Posted on by Stefaan Verhulst

Essay by Claudia Chwalisz: “Imagine you receive an invitation one day from your mayor, inviting you to serve as a member of your city’s newly established permanent Citizens’ Assembly. You will be one of 100 others like you — people who are not politicians or even necessarily party members. All of you were drawn by lot through a fair and random process called a civic lottery. Together, you are broadly representative of the community — a mix of bakers, doctors, students, accountants, shopkeepers and more. You are young and old and from many backgrounds — everybody living in the city over age 16 is eligible, and anyone can take part regardless of citizenship status. Essentially, this group of 100 people is a microcosm of the wider public. Your mandate lasts for one year, after which a new group of people will be drawn by lot.

This is not just a thought experiment. Since the 1980s, a wave of such citizens’ assemblies has been building, and it has been gaining momentum since 2010. Over the past four decades, hundreds of thousands of people around the world have received invitations from heads of state, ministers, mayors and other public authorities to serve as members of over 500 citizens’ assemblies and other deliberative processes to inform policy making. Important decisions have been shaped by everyday people about 10-year, $5 billion strategic plans, 30-year infrastructure investment strategies, tackling online hate speech and harassment, taking preventative action against increased flood risks, improving air quality, reducing greenhouse gas emissions and many other issues.

As governance systems are failing to address some of society’s most pressing issues and trust between citizens and government is faltering, these new institutions embody the potential of democratic renewal. They create the democratic spaces for everyday people to grapple with the complexity of policy issues, listen to one another and find common ground. In doing so, they create the conditions to overcome polarization and strengthen societal cohesion. They bring out the collective intelligence of society — the principle that many diverse people will come to better decisions than more homogeneous groups…(More)”.