Law & Psychology eJournal最新文献_第2页

Why Examples? Towards More Behaviorally-Intelligent Regulation 为什么例子吗?走向更加行为智能的监管

Law & Psychology eJournal Pub Date : 2017-07-24 DOI: 10.2139/ssrn.3008261

Y. Brauner

{"title":"Why Examples? Towards More Behaviorally-Intelligent Regulation","authors":"Y. Brauner","doi":"10.2139/ssrn.3008261","DOIUrl":"https://doi.org/10.2139/ssrn.3008261","url":null,"abstract":"Tax regulation authors habitually infuse regulations with explanatory examples. These examples are viewed favorably by both the government that encourages their drafting and the taxpayers who regularly rely on such examples to assist them in dealing with the notoriously complex tax rules. Despite the ubiquity of these examples, there is no published guidance for their drafting, their use, or their interpretation. The first original contribution of this Article is the exposition and classification of the advantages and deficiencies in the current use of examples in tax regulations. This Article is the first to question the rationale behind the ubiquitous use of examples in tax regulations. The Article uses data collected by original surveys of expert tax professionals and government employees involved in drafting tax regulations. The second original contribution of this Article is the explanation of the appeal of these examples among tax experts, and the potential hazards of the examples despite this apparent appeal. This analysis uses insights from behavioral science, and particularly from the study of cognitive biases, to explain, for example, how anchoring via an example could shift the focus of a regulatory rule and alter the boundaries of the law in inappropriate or unfair ways. Relying on this analysis, the Article finally proposes — the third original contribution — a better-informed approach to the writing of examples in tax regulations.","PeriodicalId":191231,"journal":{"name":"Law & Psychology eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130983317","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Behavioral Insights into International Arbitration: An Analysis of How to De-Bias Arbitrators 国际仲裁的行为洞察:如何消除仲裁员的偏见

Law & Psychology eJournal Pub Date : 2017-05-24 DOI: 10.2139/ssrn.2973266

Jan-Philip Elm

{"title":"Behavioral Insights into International Arbitration: An Analysis of How to De-Bias Arbitrators","authors":"Jan-Philip Elm","doi":"10.2139/ssrn.2973266","DOIUrl":"https://doi.org/10.2139/ssrn.2973266","url":null,"abstract":"Empirical evidence indicates that national court judges fall prey to cognitive biases and heuristics. The same may be assumed for international arbitrators. Improving third-party adjudication through behavior-ally informed rules on procedure thus seems to be an avenue of research worth being pursued. In applying behavioral law and economics to international commercial arbitration, the present analysis shows (1) that behavioral economics can help to understand arbitrators’ behavior and (2) suggests how the law may mitigate their cognitive biases and heuristics in order to design more effective, efficient, and fair arbitral proceedings under the UNCITRAL Arbitration Rules. The analysis focuses on (i) the representativeness heuristic, (ii) anchoring, (iii) the hindsight bias, (iv) framing effects, and (v) the egocentric bias. Building on their underlying dynamics and recent research on context-dependent decision-making, corresponding debiasing mechanisms may be implemented into arbitral proceedings through either behaviorally informed (model) arbitration clauses or by complementing existing frameworks such as the UNCITRAL Notes on Organizing Arbitral Proceedings in a behaviorally informed manner. Hence, in applying insights from economics and psychology to international arbitration, the present analysis adopts a prescriptive approach, examining how to actively mitigate arbitrators’ cognitive shortcomings as much as possible. Ac-curacy in fact determination – or the search for the truth – is perceived as the central motivation of this approach. As prescriptive insights from behavioral economics are able to allow for more accurate judgment, behaviorally informed rules on procedure not only benefit disputing parties by enhancing the idea of due process, but in doing so, they also empower international arbitration as a legal institution when con-fronted with national legal systems.","PeriodicalId":191231,"journal":{"name":"Law & Psychology eJournal","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127910361","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Forcing People To Choose Is Paternalistic 强迫人们做出选择是家长作风

Law & Psychology eJournal Pub Date : 2016-11-01 DOI: 10.2139/ssrn.2862694

C. Sunstein

引用次数: 4

Trust and Social Commerce 信任与社交商务

Law & Psychology eJournal Pub Date : 2016-02-22 DOI: 10.5195/LAWREVIEW.2015.395

Julia Y. Lee

{"title":"Trust and Social Commerce","authors":"Julia Y. Lee","doi":"10.5195/LAWREVIEW.2015.395","DOIUrl":"https://doi.org/10.5195/LAWREVIEW.2015.395","url":null,"abstract":"Internet commerce has transformed the marketing of goods and services. The separation between point of sale and seller, and the presence of geographically dispersed sellers who do not engage in repeated transactions with the same customers challenge traditional mechanisms for building the trust required for commercial exchanges. In this changing environment, legal rules and institutions play a diminished role in building trust. Instead, new systems and methods are emerging to foster trust in one-shot commercial transactions in cyberspace. The Article focuses on the rise of “social commerce,” a socio-economic phenomenon centered on the use of social media and other modes of social connection in electronic commerce. It identifies three mechanisms that are central to the development of trust in social commerce: communication and voluntary disclosure; barriers to entry; and community policing. These mechanisms simulate the characteristics of closely-knit environments, creating conditions conducive to trust. The Article describes these mechanisms in four new commercial settings: the sharing economy; next generation electronic commerce; online escort services; and online black markets in credit cards and controlled substances.","PeriodicalId":191231,"journal":{"name":"Law & Psychology eJournal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129155362","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 25

The Critical and Problematic Role of Bounded Rationality in Nudging 有限理性在轻推中的关键和有问题的作用

Law & Psychology eJournal Pub Date : 2015-11-06 DOI: 10.1007/978-3-319-29562-6_1

Avishalom Tor

引用次数: 6

Introduction: The Criminalization of Mental Illness 引言:精神疾病的刑事定罪

Law & Psychology eJournal Pub Date : 2015-10-28 DOI: 10.2139/SSRN.2682575

Raymond H. Brescia

引用次数: 0

A Dark Secret Too Scandalous to Confront: Did the Moynihan Report Imply That Poor Black Caregivers' Parenting Styles and Childhood Cruelties Were Strongly Correlated With Self-Perpetuating Pathologies? 一个太可耻而无法面对的黑暗秘密:莫伊尼汉报告是否暗示了贫穷的黑人照顾者的养育方式和童年的残忍与自我延续的病态密切相关?

Law & Psychology eJournal Pub Date : 2015-06-02 DOI: 10.2139/SSRN.2756844

R. Robinson

{"title":"A Dark Secret Too Scandalous to Confront: Did the Moynihan Report Imply That Poor Black Caregivers' Parenting Styles and Childhood Cruelties Were Strongly Correlated With Self-Perpetuating Pathologies?","authors":"R. Robinson","doi":"10.2139/SSRN.2756844","DOIUrl":"https://doi.org/10.2139/SSRN.2756844","url":null,"abstract":"In this article, I attempt to mine what were the deeper implications of Moynihan's effort through his Report to identify the problems that were confronting the poor, black urban family, and using interpersonal neurobiology, attachment theory, and early childhood trauma theory, I interrogate the meaning of \"weak, disorganized structure\" of the black family and the contributing factors of \"self-perpetuating pathologies.\" by examining these critical concepts through the aforementioned theories, I hope to learn if Moynihan was directing our attention by implication at the parenting styles of poor, black urban families, and at the source, along with the legacies of racism, that contributed to why black children and adolescents were woefully lagging behind their peers and committing social dislocation issues like crime. By taking seriously the teachings of these theories, I believe that they would reveal a dark secret within poor, black urban families that few people, including Moynihan, wanted to confront directly. After controlling for the legacies of slavery, Jim Crow, which had only legally died in 1964, and thus modern discrimination, that dark secret would be disruptions caused by childhood trauma early in the infant child's relationship with her black family caregivers. These disruptions and their negative, downstream effects would be correlated with the findings that Moynihan so clearly illustrated in his Report. By necessity, then, such disruptions would affected the black infants' right brain development, which would contribute to their inability to self-regulate and to adapt and thrive adequately not only at home but also at school and in their community. In short, white racism and its legacy don't account for the weak, disorganized structure of the poor black family and self-perpetuating pathologies more than the impact of the earliest disruption in the black infants and caregivers' relationship caused by early childhood cruelties and maltreatment.","PeriodicalId":191231,"journal":{"name":"Law & Psychology eJournal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124335788","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Sentencing Discretion and Burdens of Proof 量刑裁量权与举证责任

Law & Psychology eJournal Pub Date : 2015-03-15 DOI: 10.2139/ssrn.2578661

Alex Lundberg

引用次数: 10

Pre-Medicated Murder: Violence and the Degree to Which the Mentally Ill Can Refuse Treatment 预先用药谋杀:暴力和精神病患者可以拒绝治疗的程度

Law & Psychology eJournal Pub Date : 2015-02-03 DOI: 10.2139/SSRN.2573331

G. Edwards

{"title":"Pre-Medicated Murder: Violence and the Degree to Which the Mentally Ill Can Refuse Treatment","authors":"G. Edwards","doi":"10.2139/SSRN.2573331","DOIUrl":"https://doi.org/10.2139/SSRN.2573331","url":null,"abstract":"Objective: As part of the expansive overhaul of the mental health system, many states have passed laws that allow, under certain conditions, voluntary and involuntarily committed patients to refuse medication. While some predicted the consequences of these laws would be dire, the effect on violent behavior remains untested. This study measures the effect of various right to refuse medication laws on homicides.Method: Using a sample of the homicide rate of every US state between 1972 and 2001 (N=1,479), I compare the difference in homicide rates before and after a law change to that same difference in a set of control states to estimate the effect of laws aimed at extending the right to refuse medication to both voluntary and involuntarily committed mental health patients. Results: Laws designed to allow voluntarily committed patients to refuse medication are associated with a 0.8 increase in the homicide rate, and while point estimates suggest that allowing for review of requests to refuse medication are associated with a decrease in the homicide rate, the estimates are imprecise and statistically insignificant.Conclusion: Allowing voluntarily committed patients to refuse medication may entice some to enter in-patient facilities, but the brief and optional exposure to medication and their side effects may actually discourage treatment and increase violence.","PeriodicalId":191231,"journal":{"name":"Law & Psychology eJournal","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126657257","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Torn Between Two Selves: Should Law Care More About Experiencing Selves or Remembering Selves? 两个自我之间的纠结:法律应该更关注体验自我还是记忆自我?

Law & Psychology eJournal Pub Date : 2014-09-06 DOI: 10.2139/ssrn.1743025

Peter H. Huang

引用次数: 5