scholarly journals Elite Decision-making and International Law: Promises and Perils of the Behavioral Revolution

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 242-247
Author(s):  
Emilie M. Hafner-Burton

A growing body of research applies behavioral approaches to the study of international law, mainly by studying convenience samples of students or other segments of the general public. Alongside the promises of this agenda are concerns about applying findings from non-elite populations to the people, and groups of people, charged with most real-world decision-making in the domain of law and governance. This concern is compounded by the fact that it is extremely difficult to recruit these actual decision-makers in a way that allows for direct study.

2019 ◽  
pp. 82-97 ◽  
Author(s):  
Natalia Criado ◽  
Jose M Such

This chapter focuses on a particular normative concern associated with machine decision-making that has attracted considerable attention in policy debate—the problem of bias in algorithmic systems, which gives rise to various forms of ‘digital discrimination’. Digital discrimination entails treating individuals unfairly, unethically, or just differently based on their personal data that is automatically processed by an algorithm. Digital discrimination often reproduces the existing instances of discrimination in the offline world by either inheriting the biases of prior decision-makers, or simply reflecting widespread prejudices in society. The chapter highlights various forms and sources of digital discrimination, pointing to a rich and growing body of technical research seeking to develop technical responses aimed at correcting for, or otherwise removing, these sources of bias.


Author(s):  
Jan M. Stratil ◽  
Deepak Paudel ◽  
Karen E. Setty ◽  
Carlos E. Menezes de Rezende ◽  
Aline A. Monroe ◽  
...  

Background: Decision-making on matters of public health and health policy is a deeply value-laden process. The World Health Organization (WHO)-INTEGRATE framework was proposed as a new evidence-to-decision (EtD) framework to support guideline development from a complexity perspective, notably in relation to public health and health system interventions, and with a foundation in WHO norms and values. This study was conducted as part of the development of the framework to assess its comprehensiveness and usefulness for public health and health policy decision-making. Methods: We conducted a qualitative study comprising nine key informant interviews (KIIs) with experts involved in WHO guideline development and four focus group discussions (FGDs) with a total of forty health decision-makers from Brazil, Germany, Nepal and Uganda. Transcripts were analyzed using MAXQDA12 and qualitative content analysis. Results: Most key informants and participants in the FGDs appreciated the framework for its relevance to real-world decision-making on four widely differing health topics. They praised its broad perspective and comprehensiveness with respect to new or expanded criteria, notably regarding societal implications, equity considerations, and acceptability. Some guideline developers questioned the value of the framework beyond current practice and were concerned with the complexity of applying such a broad range of criteria in guideline development processes. Participants made concrete suggestions for improving the wording and definitions of criteria as well as their grouping, for covering missing aspects, and for addressing overlap between criteria. Conclusion: The framework was well-received by health decision-makers as well as the developers of WHO guidelines and appears to capture all relevant considerations discussed in four distinct real-world decision processes that took place on four different continents. Guidance is needed on how to apply the framework in guideline processes that are both transparent and participatory. A set of suggestions for improvement provides a valuable starting point for advancing the framework towards version 2.0.


Author(s):  
Liv Merete Nielsen ◽  
Eva Lutnæs ◽  
Mia Porko-Hudd ◽  
Úrsula Bravo ◽  
Catalina Cortés ◽  
...  

Norwegian research group Design Literacy at Oslo Metropolitan University (OsloMet) which is led by professor Liv Merete Nielsen has initiative to this paper track. The paper track was accompanied by a workshop. Design Literacy can be regarded as a catalyst for a move towards a better citizens participation in innovative design processes. By educating the general public to become design literate, there is a chance to support critical innovation and a possible move towards sustainable societies (Stegall, 2006). The challenge is to articulate content, performance and continuity for a critical decision-making process and how this influence critical innovation and design education at large. The concept ‘Design Literacy’ addresses the complex matter of objectives, content and practices in design processes and education. Research on multiple literacies has evoked considerable debate and redefinition within several areas of educational research (Coiro et al. 2008); the understanding of literacy is no longer bound to the ability to read and write verbal text or numeracy. Design Literacy (Nielsen and Brænne, 2013) are among newly coined literacies. Design Literacy is connected both to the creation and understanding of design innovation in a broad sense. In today’s mostly artificial world, the Design Literacy is regarded as a competence not only for the professional designer, but also for the general public in their position as citizens, consumers, users and decision makers in innovative processes. Designed artefacts and services influence our lives and values, both from personal and societal perspectives. Designers, decision makers and investors hold different positions in the design process, but they all make choices that will influence new innovations and our future. In order to solve crucial global challenges, designers and investors must cooperate; for this purpose, we argue that design literacy is necessary for all. We argue that the Design Literacies can support practices associated with innovation, democratic participation in design processes, developing and enacting ethical responsibilities, and understanding and supporting sustainable aspects of production and consumption. The track called for researchers to explore the following points: How development of Design Literacy can support critical innovation and sustainable issues Progressions in scaffolding Design Literacies from a pre-school to a university level The potential of Design Literacy to support collaborative and experimental approaches of projects between: investors/designers, general public/designers, children/designers How design education for the general public can represent both a foundation for professional design education and a prequalification for lay persons’ competence for decision-making and critical innovation How might Design Literacy influence sustainability issues in society? What are the challenges of professional design, when everyone wants to design? Research submnited for this track addressing the points above have been useful as a point of departure for the Design Literacy workshop and the creation of the Design Literacy International network. The papers have also been useful for the promotion of critical innovation and to inform policy and for educational implementation. The importance lies in the needs to better inform design education itself, to improve the approach of design educators, and to educate reflective citizens, policy makers, entrepreneurs and consumers in perspective of critical innovation.


Marketing ZFP ◽  
2019 ◽  
Vol 41 (3) ◽  
pp. 33-47
Author(s):  
Michaela Grösch ◽  
Martina Steul-Fischer

Option framing can be divided into additive and subtractive framing. In additive framing, individuals are asked to add desired options to a base model, i. e., to a core product which does not include any extras, whereas in subtractive framing, individuals are asked to deselect undesired options from a fully loaded model, i. e., a product that does already include all possible extras (Biswas and Grau 2008; Park et al. 2000). In additive framing, individuals must take action if they want to choose the option, e. g., by checking a box in an online configuration. In subtractive framing, individuals find preselected options, and they receive a preselected option unless they actively decide against it, e. g., by unchecking a box in an online configuration (Brown and Krishna 2004; Park et al. 2000). While option framing has received considerable attention with regard to decision making for the self (e. g., Biswas and Grau 2008; Herrmann et al. 2013; Levin et al. 2002; Park et al. 2000; Park and Kim 2012), no researchers have focused on option framing in self-other decision-making contexts. The aim of this paper is to examine the influence of option framing on decision making either for oneself or on behalf of another person. In two studies, we investigate choice behaviour for oneself or on behalf of someone else, namely ones mother, when either one option (Study 1) or more options (Study 2) are presented in additive and subtractive framing. The effect of option framing on decision making for a family member is a relevant question for firms and policy makers since it helps to clarify how an individual’s benefits and expenditures can be influenced by the way a choice is presented when deciding for someone else. In accordance with previous studies (e. g., Biswas and Grau 2008; Levin et al. 2002; Park and Kim 2012), we found the option framing effect when individuals decided on insurances for themselves; i. e., individuals were more likely to choose an option in subtractive framing than in additive framing. When individuals were asked to decide on behalf of their mother, we could not prove an option framing effect when a single option was considered (Study 1). When several options were available (Study 2), the option framing effect emerged; decision makers chose more options for their mother in subtractive framing than in additive framing. We believe that having the opportunity to vary the number of options is the underlying reason. In both studies, individuals deciding on behalf of their mother had a greater tendency to add an option in additive framing than did those deciding for themselves. The greater likelihood of choosing an option in additive framing when deciding for the mother corresponds to our assumption, derived from social values analysis, that decision makers engage in risk-minimizing behaviour as the socially preferred behaviour for proxy decision making. In both studies, no choice differences could be found for subtractive framing. Accepting the insurance option and the number of accepted insurance options remained stable when individuals decided for themselves or for their mother. We assume that for both framing, individuals who decided for their mother acted according to social values and therefore were likely to choose protection for their mother. Moreover, there might be a kind of ceiling effect for insurance decisions because some individuals either may not expect an insurance event to occur for themselves or their mother or may have a general aversion to insurance. Our results add to a growing body of evidence that decision making for others is more dependent on social norms than is decision making for oneself.


2016 ◽  
Vol 9 (1) ◽  
pp. 15-38 ◽  
Author(s):  
Boris Eisenbart ◽  
Massimo Garbuio ◽  
Daniele Mascia ◽  
Federica Morandi

Purpose – Managers spend a great deal of time in meetings making decisions critical to organisational success, yet the design aspects of meetings remain largely understudied. The purpose of this paper is to elaborate on the potential impact of one critical design aspect of meetings – namely, whether a decision to be taken (or the meeting in general) was scheduled or not – on the use of distributed information, information elaboration, conflict, speed of decision making, and, ultimately, decision-making effectiveness. Design/methodology/approach – The research presented in this paper combines a literature review with empirical data obtained from questionnaires and direct observation of decision making meetings on organisational issues in a hospital. One meeting was scheduled, the other two were unscheduled. A second questionnaire was administered 12 months after the respective decision making meetings to explore and evaluate the efficiency of the decisions made and their implementation. Findings – This paper suggests that a scheduled meeting with a shared agenda of all decisions to be taken may induce decision makers to form opinions upfront at the meeting, with these opinions eventually serving as sources of conflict during group discussion. Because of the nature of the conflict generated, these meetings are more likely to run long and to not deliver the expected outcomes. Originality/value – The study contributes to the debate on group decision-making processes by examining the effect of meeting scheduling on information elaboration and conflict in real-world decision-making settings. Although robust evidence has supported the existence of relationships between information elaboration, conflict, and decision-making effectiveness, previous studies have mainly focused on the effects of these processes during scheduled meetings and experimental settings. The findings of the present study show the effect of meeting scheduling on decision-making effectiveness in real-world settings.


2010 ◽  
Vol 29 (2) ◽  
pp. 40-54 ◽  
Author(s):  
Christopher W. Larimer ◽  
Rebecca J. Hannagan

This study investigates whether observers react negatively to overly ambitious leaders, focusing on whether women are more sensitive than men in their perceptions of the traits of decision makers and whether men and women behave differently as a result of such perceptions. Results from two laboratory experiments show how participants react to ambitious decision makers in simple bargaining scenarios. The results indicate that observers tend to equate ambition for decision-making authority with self-interested, unfair, male behavior. Moreover, observers tend to be less satisfied with a decision made by an ambitious decision maker compared to the same decision made by an unambitious decision maker. That is, people generally dislike ambitious decision makers independent of the actual decision that is made. Further, there are important differences in male and female expectations of what decision makers will do that, when combined with perceptions of decision-maker gender, have more nuanced implications for outcome satisfaction and our understanding of “follower behavior.”


2010 ◽  
Vol 54 (2) ◽  
pp. 184-211 ◽  
Author(s):  
Chilenye Nwapi

AbstractNigeria is on the verge of comprehensively reviewing its oil and gas laws. The review is aimed at, among other things, addressing the conflicts associated with the management of the resources and, especially, the affect on the people of the oil producing region of the country who have been vigorously protesting about their alienation from the resources. Drawing on the international law of public participation in natural resource management, this article seeks to develop a viable legislative framework for public participation in oil and gas decision-making that Nigeria can adopt. A viable legislative framework must take into account the various factors that shape the effectiveness of participation and the elements that promote the objectives of participation. It is premised on the ground that looking to international prescriptions might help to elucidate gaps in domestic laws, as well as alternatives to overcome them.


2004 ◽  
Vol 5 (2) ◽  
pp. 41-61
Author(s):  
Brendan M. Howe

Ten years on, the impact of the inaction of the international community during the Rwandan crisis is still being felt. This article considers normative, legal, and realpolitik constraints operating upon decision- makers, contending that the first two should have enabled decision- makers to authorize intervention if not actually requiring them so to do, and that the international community's non-intervention in genocide was, therefore, due to considerations of national interest. However, international law played a significant role in framing excuses for inaction, and the end of the crisis saw international decision-makers having their hands forced by pressure &om their internal and external communities, promising that non-state-centric humanitarian considerations could play a greater role in future conflicts such as Kosovo and Sudan. Thus this article demonstrates not only that liberal claims of a new world order at the end of the Cold War were premature, but also that post-Rwanda power-political considerations no longer fully explain normative war-fighting decision-making.


2021 ◽  
Vol 33 (4) ◽  
pp. 237-239
Author(s):  
Sara Andrews

The complex, intricate process of felony sentencing in Ohio makes ensuring clear, comprehendible sentences of the utmost import for the administration of justice and promoting confidence in the system. As such, for more than a year, the Ohio Criminal Sentencing Commission worked with justice system partners to develop a package of uniform felony sentencing documents that prescribe the most clear and concise, minimum language required to comply with Criminal Rule 32 and existing case law and establishes standardized, common data essential for identifying relationships and trends common to all felony courts. The adoption of the package of felony sentencing documents is the first step to begin standardized, aggregate felony sentencing data collection in Ohio—the Ohio Sentencing Data Platform. Sentencing data provide opportunities for robust research, including the ability to parse comparative data between counties, recognizing that community standards can drive law enforcement, prosecution, and sentencing decision-making. The Ohio Sentencing Data Platform will improve information about the people we are trying to help in the criminal justice system and has been met with enthusiastic interest and support from judges and courts throughout the state. Our modest, incremental path will ultimately yield high dividends in building public trust in criminal justice processes and outcomes. At the same time, without fiscal or administrative burden, it will help give judges and decision- makers access to the best information available to perform their public service duty in the most impactful way.


Author(s):  
Raanan Lipshitz

We analyzed 112 self reports of decision-making under uncertainty to find how decision makers conceptualize uncertainty and cope with it in the real world. The results show that decision makers distinguish between three types of uncertainty, inadequate understanding, incomplete information and undifferentiated alternatives, to which they apply five strategies of coping, reducing uncertainty, assumption-based reasoning, weighing pros and cons of competing alternatives, suppressing uncertainty, and forestalling. The relationships between these types of uncertainty and tactics of coping suggest a R.A.W.F.S. (Reduction, Assumption based reasoning, Weighing pros and cons, Forestalling and Suppression) heuristic of contingent coping with uncertainty in naturalistic settings.


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