{"title":"New Governance Tune-Up: How Behavioral Insights Can Help Refine the New Governance Regulatory Narrative","authors":"K. Wenger","doi":"10.2139/ssrn.3123346","DOIUrl":null,"url":null,"abstract":"In recent years, a number of legal scholars have advocated “new governance” approaches to regulation. New governance scholars eschew both traditional command-and-control and complete deregulation models, instead focusing on middle-ground hybrid approaches in which legal actors seek to emulate private-sector success stories. New governance narratives paint a sometimes rosy picture of the potential benefits of this kind of hybrid approach. This Article uses William Simon’s legal scholarship about Toyota as a jumping-off point to examine the framing of new governance narratives. New governance proposals often follow a particular story line, setting out empirical and case-study driven accounts of how to build a better mousetrap based on private-sector successes. This narrative structure is intuitive and is psychologically appealing. However, it may be prone to overstate causal connections, due to a variety of behavioral biases such as confirmation bias, hindsight bias, and representativeness heuristic. Scholars cognizant of these potential issues can better “tune up” the new governance framework.","PeriodicalId":177971,"journal":{"name":"Economic Perspectives on Employment & Labor Law eJournal","volume":"34 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2018-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Economic Perspectives on Employment & Labor Law eJournal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/ssrn.3123346","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
In recent years, a number of legal scholars have advocated “new governance” approaches to regulation. New governance scholars eschew both traditional command-and-control and complete deregulation models, instead focusing on middle-ground hybrid approaches in which legal actors seek to emulate private-sector success stories. New governance narratives paint a sometimes rosy picture of the potential benefits of this kind of hybrid approach. This Article uses William Simon’s legal scholarship about Toyota as a jumping-off point to examine the framing of new governance narratives. New governance proposals often follow a particular story line, setting out empirical and case-study driven accounts of how to build a better mousetrap based on private-sector successes. This narrative structure is intuitive and is psychologically appealing. However, it may be prone to overstate causal connections, due to a variety of behavioral biases such as confirmation bias, hindsight bias, and representativeness heuristic. Scholars cognizant of these potential issues can better “tune up” the new governance framework.