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)”.

Can behavioral interventions be too salient? Evidence from traffic safety messages

Curated on Posted on by Stefaan Verhulst


Article by Jonathan D. Hall and Joshua M. Madsen: “Policy-makers are increasingly turning to behavioral interventions such as nudges and informational campaigns to address a variety of issues. Guidebooks say that these interventions should “seize people’s attention” at a time when they can take the desired action, but little consideration has been given to the costs of seizing one’s attention and to the possibility that these interventions may crowd out other, more important, considerations. We estimated these costs in the context of a widespread, seemingly innocuous behavioral campaign with the stated objective of reducing traffic crashes. This campaign displays the year-to-date number of statewide roadside fatalities (fatality messages) on previously installed highway dynamic message signs (DMSs) and has been implemented in 28 US states.

We estimated the impact of displaying fatality messages using data from Texas. Texas provides an ideal setting because the Texas Department of Transportation (TxDOT) decided to show fatality messages starting in August 2012 for 1 week each month: the week before TxDOT’s monthly board meeting (campaign weeks). This allows us to measure the impact of the intervention, holding fixed the road segment, year, month, day of week, and time of day. We used data on 880 DMSs and all crashes occurring in Texas between 1 January 2010 and 31 December 2017 to investigate the effects of this safety campaign. We estimated how the intervention affects crashes near DMSs as well as statewide. As placebo tests, we estimated whether the chosen weeks inherently differ using data from before TxDOT started displaying fatality messages and data from upstream of DMSs.

Contrary to policy-makers’ expectations, we found that displaying fatality messages increases the number of traffic crashes. Campaign weeks realize a 1.52% increase in crashes within 5 km of DMSs, slightly diminishing to a 1.35% increase over the 10 km after DMSs. We used instrumental variables to recover the effect of displaying a fatality message and document a significant 4.5% increase in the number of crashes over 10 km. The effect of displaying fatality messages is comparable to raising the speed limit by 3 to 5 miles per hour or reducing the number of highway troopers by 6 to 14%. We also found that the total number of statewide on-highway crashes is higher during campaign weeks. The social costs of these fatality messages are large: Back-of-the-envelope calculations suggest that this campaign causes an additional 2600 crashes and 16 fatalities per year in Texas alone, with a social cost of $377 million per year…(More)”.

The Issue of Proxies and Choice Architectures. Why EU Law Matters for Recommender Systems

Curated on Posted on by Stefaan Verhulst

Paper by Mireille Hildebrandt: “Recommendations are meant to increase sales or ad revenue, as these are the first priority of those who pay for them. As recommender systems match their recommendations with inferred preferences, we should not be surprised if the algorithm optimizes for lucrative preferences and thus co-produces the preferences they mine. This relates to the well-known problems of feedback loops, filter bubbles, and echo chambers. In this article, I discuss the implications of the fact that computing systems necessarily work with proxies when inferring recommendations and raise a number of questions about whether recommender systems actually do what they are claimed to do, while also analysing the often-perverse economic incentive structures that have a major impact on relevant design decisions. Finally, I will explain how the choice architectures for data controllers and providers of AI systems as foreseen in the EU’s General Data Protection Regulation (GDPR), the proposed EU Digital Services Act (DSA) and the proposed EU AI Act will help to break through various vicious circles, by constraining how people may be targeted (GDPR, DSA) and by requiring documented evidence of the robustness, resilience, reliability, and the responsible design and deployment of high-risk recommender systems (AI Act)…(More)”.

The Power of Narrative

Curated on Posted on by Stefaan Verhulst

Essay by Klaus Schwab and Thierry Mallerett: “…The expression “failure of imagination” captures this by describing the expectation that future opportunities and risks will resemble those of the past. Novelist Graham Greene used it in The Power and the Glory, but the 9/11 Commission made it popular by invoking it as the main reason why intelligence agencies had failed to anticipate the “unimaginable” events of that day.

Ever since, the expression has been associated with situations in which strategic thinking and risk management are stuck in unimaginative and reactive thinking. Considering today’s wide and interdependent array of risks, we can’t afford to be unimaginative, even though, as the astrobiologist Caleb Scharf points out, we risk getting imprisoned in a dangerous cognitive lockdown because of the magnitude of the task. “Indeed, we humans do seem to struggle in general when too many new things are thrown at us at once. Especially when those things are outside of our normal purview. Like, well, weird viruses or new climate patterns,” Scharf writes. “In the face of such things, we can simply go into a state of cognitive lockdown, flipping from one small piece of the problem to another and not quite building a cohesive whole.”

Imagination is precisely what is required to escape a state of “cognitive lockdown” and to build a “cohesive whole.” It gives us the capacity to dream up innovative solutions to successfully address the multitude of risks that confront us. For decades now, we’ve been destabilizing the world, having failed to imagine the consequences of our actions on our societies and our biosphere, and the way in which they are connected. Now, following this failure and the stark realization of what it has entailed, we need to do just the opposite: rely on the power of imagination to get us out of the holes we’ve dug ourselves into. It is incumbent upon us to imagine the contours of a more equitable and sustainable world. Imagination being boundless, the variety of social, economic, and political solutions is infinite.

With respect to the assertion that there are things we don’t imagine to be socially or politically possible, a recent book shows that nothing is preordained. We are in fact only bound by the power of our own imaginations. In The Dawn of Everything, David Graeber and David Wengrow (an anthropologist and an archaeologist) prove this by showing that every imaginable form of social and economic organization has existed from the very beginning of humankind. Over the past 300,000 years, we’ve pursued knowledge, experimentation, happiness, development, freedom, and other human endeavors in myriad different ways. During these times that preceded our modern world, none of the arrangements that we devised to live together exhibited a single point of origin or an invariant pattern. Early societies were peaceful and violent, authoritarian and democratic, patriarchal and matriarchal, slaveholding and abolitionist, some moving between different types of organizations all the time, others not. Antique industrial cities were flourishing at the heart of empires while others existed in the absence of a sovereign entity…(More)”

How Do We End Wars? A Peace Researcher Puts Forward Some Innovative Approaches

Curated on Posted on by Stefaan Verhulst

Interview by Theodor Schaarschmidt: “Thania Paffenholz is an expert in international relations, based in Switzerland and Kenya, who conducts research on sustainable peace processes and advises institutions such as the United Nations, the European Union and the Organization for Security and Co-operation in Europe (OSCE). She is executive director of Inclusive Peace, a think tank that accompanies peace processes worldwide. Paffenholz talked with Spektrum der Wissenschaft, the German-language edition of Scientific American, about new ways to think about peacekeeping…

It is absurd that the fate of the country is mainly discussed by men older than 60, as is usual in this type of negotiation. Where is the rest of the population? What about women? What about younger people? Do they really want the same things as those in power? How can their perspectives be carried into the peace processes? There are now concepts for inclusive negotiation in which delegations from civil society discuss issues together with the leaders. In Eastern Europe, however, there are only a few examples of this….(More)”.

A Behavioural Theory of Economic Development: The Uneven Evolution of Cities and Regions

Curated on Posted on by Stefaan Verhulst

Book by Robert Huggins and Piers Thompson: “Innovation, entrepreneurship, knowledge, and human capital are widely acknowledged as key levers of development. Yet what are the sources of these factors, and why do they differ in their endowment across regions? Motivated by a belief that theories of economic development can move beyond the generally accepted explanations of location and the organization of industries and capital, this book establishes a behavioural theory of economic development illustrating that differences in human behaviour across cities and regions are a significant deep-rooted cause of uneven development.

Fusing a range of concepts relating to culture, psychology, human agency, institutions, and power, it proposes that the long-term differentials in economic development between cities and regions, both within and across nations, is strongly connected to the underlying forms of behaviour enacted by humans on an individual and collective basis. Given a world of finite and limited resources, coupled with a rapidly growing population — especially in cities and urban regions — human behaviour, and the expectations and preferences upon which it is based, are central to understanding how notions of development may change in coming years. This book provides a novel theory of the role of psychocultural context and human behavioural and institutional frameworks in uneven economic development on a global scale….(More)”.

Letters and cards telling people about local police reduce crime

Curated on Posted on by Stefaan Verhulst

Article by Elicia John & Shawn D. Bushway: “Community policing is often held up as an instrumental part of reforms to make policing less harmful, particularly in low-income communities that have high rates of violence. But building collaborative relationships between communities and police is hard. Writing in Nature, Shah and LaForest describe a large field experiment revealing that giving residents cards and letters with basic information about local police officers can prevent crime. Combining these results with those from Internet-based experiments, the authors attribute the observed reduction in crime to perceived ‘information symmetry’.

Known strangers are individuals whom we’ve never met but still know something about, such as celebrities. We tend to assume, erroneously, that known strangers know as much about us as we do about them. This tendency to see information symmetry when there is none is referred to as a social heuristic — a shortcut in our mental processing…

Collaborating with the New York Police Department, the authors sent letters and cards to residents of 39 public-housing developments, providing information about the developments’ local community police officers, called neighbourhood coordination officers. These flyers included personal details, such as the officers’ favourite food, sports team or superhero. Thirty control developments had neighbourhood coordination officers, but did not receive flyers….

This field experiment provided convincing evidence that a simple intervention can reduce crime. Indeed, in the three months after the intervention, the researchers observed a 5–7% drop in crime in the developments that received the information compared with neighbourhoods that did not. This level of reduction is similar to that of more-aggressive policing policies4. The drop in crime lessened after three months, which the authors suggest is due to the light touch and limited duration of the intervention. Interventions designed to keep officers’ information at the top of residents’ minds (such as flyers sent over a longer period at a greater frequency) might therefore result in longer-term effects.

The authors attribute the reduction in crime to a heightened perception among residents receiving flyers that the officer would find out if they committed a crime. The possibilities of such findings are potentially exciting, because the work implies that a police officer who is perceived as a real person can prevent crime without tactics such as the New York City police department’s ‘stop, question and frisk’ policy, which tended to create animosity between community members and the police….(More)”

Where Do My Tax Dollars Go? Tax Morale Effects of Perceived Government Spending

Curated on Posted on by Stefaan Verhulst

Paper by Matias Giaccobasso, Brad C. Nathan, Ricardo Perez-Truglia & Alejandro Zentner: “Do perceptions about how the government spends tax dollars affect the willingness to pay taxes? We designed a field experiment to test this hypothesis in a natural, high-stakes context and via revealed preferences. We measure perceptions about the share of property tax revenues that fund public schools and the share of property taxes that are redistributed to disadvantaged districts. We find that even though information on where tax dollars go is publicly available and easily accessible, taxpayers still have significant misperceptions. We use an information-provision experiment to induce exogenous shocks to these perceptions. Using administrative data on tax appeals, we measure the causal effect of perceived government spending on the willingness to pay taxes. We find that some perceptions about government spending have a significant effect on the probability of filing a tax appeal and in a manner that is consistent with the classical theory of benefit-based taxation. We discuss implications for researchers and policy makers…(More)”.

On the Dynamics of Human Behavior: The Past, Present, and Future of Culture, Conflict, and Cooperation

Curated on Posted on by Stefaan Verhulst

Paper by Nathan Nunn: “I provide a theoretically-guided discussion of the dynamics of human behavior, focusing on the importance of culture (socially-learned information) and tradition (transmission of culture across generations). Decision-making that relies on tradition can be an effective strategy and arises in equilibrium. While dynamically optimal, it generates static `mismatch.’ When the world changes, since traits evolve slowly, they may not be beneficial in their new environment. I discuss how mismatch helps explain the world around us, presents special challenges and opportunities for policy, and provides important lessons for our future as a human species…(More)”.

A 680,000-person megastudy of nudges to encourage vaccination in pharmacies

Curated on Posted on by Stefaan Verhulst

Paper by Katherine L. Milkman et al: “Encouraging vaccination is a pressing policy problem. To assess whether text-based reminders can encourage pharmacy vaccination and what kinds of messages work best, we conducted a megastudy. We randomly assigned 689,693 Walmart pharmacy patients to receive one of 22 different text reminders using a variety of different behavioral science principles to nudge flu vaccination or to a business-as-usual control condition that received no messages. We found that the reminder texts that we tested increased pharmacy vaccination rates by an average of 2.0 percentage points, or 6.8%, over a 3-mo follow-up period. The most-effective messages reminded patients that a flu shot was waiting for them and delivered reminders on multiple days. The top-performing intervention included two texts delivered 3 d apart and communicated to patients that a vaccine was “waiting for you.” Neither experts nor lay people anticipated that this would be the best-performing treatment, underscoring the value of simultaneously testing many different nudges in a highly powered megastudy….(More)”.