scholarly journals Tools for public health policy: nudges and boosts as active support of the law in special situations such as the COVID-19 pandemic

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Jakub M. Krawiec ◽  
Olga M. Piaskowska ◽  
Piotr F. Piesiewicz ◽  
Wojciech Białaszek
Keyword(s):  
Legal System ◽  
Behavioral Change ◽  
Public Health Policy ◽  
Behavioral Interventions ◽  
Policy Making ◽  
Social Issues ◽  
Individual Level ◽  
Contrary View ◽  
The Law ◽  
The Individual

AbstractIn recent years, “nudging” has become a standard behavioral intervention at the individual level and for the design of social policies. Although nudges are effective, such interventions seem to be limited to a given space and time, and there is only scant evidence to support the contrary view. On the other hand, choice architects may utilize another type of intervention called “boosting,” which shows the promise of generalized and lasting behavioral change. A government can use these tools to shape public policy. Behavioral interventions such as policy-making tools have their boundaries, as does the law. We argue that nudging and boosting may serve as active local or global aids in support of the legal system under certain circumstances. Nudging and boosting can also support the legal system, especially in relation to emerging social issues or events that are unprecedented, such as the recent global COVID-19 pandemic, where certain behavioral patterns are expected, but it would be difficult or impossible to enforce them through the law alone.

scholarly journals Tools for Public Health Policy: Nudges and Boosts as Active Support of the Law in Special Situations such as the COVID-19 Pandemic

2021 ◽  
Author(s):  
Jakub Maciej Krawiec ◽  
Olga Piaskowska ◽  
Piotr Piesiewicz ◽  
Wojciech Białaszek
Keyword(s):  
Legal System ◽  
Public Health Policy ◽  
Behavioral Interventions ◽  
Social Issues ◽  
The Other ◽  
Individual Level ◽  
Contrary View ◽  
The Law ◽  
The Government ◽  
The Individual

In recent years, “nudging” has become a standard behavioral intervention at the individual level and for thedesign of social policies. Although nudges are effective, such interventions seem to be limited to a given spaceand time, and there is only scant evidence to support the contrary view. On the other hand, choice architects mayutilize another type of intervention called “boosting,” which shows the promise of generalized and lastingbehavioral change. The government can use these tools to shape public policy. Behavioral interventions such aspolicy-making tools have their boundaries, as does the law. We argue that nudging and boosting may serve asactive aids in support of the legal system under certain circumstances. Nudging and boosting can also supportthe legal system especially in relation to emerging social issues or events that are unprecedented, such as therecent COVID-19 pandemic, where certain behavioral patterns are expected, but it would be hard or impossibleto enforce them through the law alone.

Appropriating Law in Harriet Beecher Stowe's Dred

2007 ◽  
Vol 62 (3) ◽  
pp. 380-406 ◽  
Author(s):  
Laura H. Korobkin
Keyword(s):  
North Carolina ◽  
Legal System ◽  
Slave System ◽  
Personal Beliefs ◽  
Great Dismal Swamp ◽  
Dismal Swamp ◽  
The World ◽  
The Law ◽  
The Many ◽  
The Individual

This essay investigates Harriet Beecher Stowe's interpolation of State v. Mann, a harsh 1829 North Carolina proslavery decision, into her 1856 novel Dred: A Tale of the Great Dismal Swamp. The essay argues that Stowe's use of State v. Mann continues a conversation about slavery that had been carried on through its text for many years in abolitionist writings. Bringing State v. Mann's circulation history into view shows Stowe engaging the antislavery establishment as well as the legal system, borrowing and imitating its techniques for handling proslavery materials. If her novel is infiltrated and structured by the many legal writings that it assimilates, its fictive world in turn infiltrates, interprets, and alters the significance of the writings she employs, so that proslavery legal writings are made to testify strongly against the slave system that they originally worked to maintain and enforce. Stowe's hybrid text dominates the law while smoothly assimilating it into an interpretive fictive context. Simultaneously, Stowe's typographical cues remind readers of State v. Mann's ongoing, destructive extratextual legal existence. By linking fictive context to legal content, Stowe's novel suggests that slave law must be read and interpreted as a unit that includes the individual suffering it imposes. Misreading State v. Mann as revealing its author's belief in the immorality of slavery, Stowe constructs a fictional judge who upholds slave law despite his personal beliefs. By absorbing, imitating, and besting the strategies and the reach of both legal and abolitionist writings, Dred implicitly stakes a claim for the superior power of political fiction to act in the world.

scholarly journals Non-Delimitation of Incompetency Denotations in Jurisprudence and Law and the Contradiction of some of its Titles to the Law on Non-Litigious Matters

2019 ◽  
Author(s):  
Sorush Niknamian
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Civil Procedure ◽  
Legal Capacity ◽  
The Law ◽  
The Individual ◽  
The Mind

“Incompetency” literally means prohibition and it is commonly used to point to an individual being deprived of his rights to take possession of his properties and his financial rights by the law. And, in other words, the incompetents are the individuals that do not possess “the legal capacity to enjoy a certain right” and are deprived from taking possession of their properties and if such a taking possession of the properties by an incompetent occurs, it is invalid and cannot take effect. In the legal system of Islam, the individual with a sort of a disease that features certain types of conditions leading to the weakness of the mind or insanity is called an incompetent. But the example cases of the incompetent and incompetency have not been delimited in the jurisprudence and law. Thus, the investigation of the instruments of incompetency from the perspective of the jurisprudential texts and the statutory provisions via offering an assumption indicating the non-delimitation of the incompetency instruments scope has resulted in conflicts in the non-litigious affairs law with the civil procedure, the necessity to rethink the causes of insanity as one instrument of incompetency in the civil law, the centrality of the incompetency for its setting the ground for the exertion of the law and the non-litigious affairs regulations as well as the incompetency of some patients with nervous diseases like hysterical conversion and dissociative hysteria and so forth. Therefore, conceptualizing the incompetency, the present study aims at assessing, then criticizing and investigating, the proofs offered by the proponents and the opponents of the incompetency of the patients with hysteria so as to consequently conclude an assumption regarding the hysteric patients’ incompetency and the relevant contradictions, if any, with the non-litigious matters law and civil procedure.

Framework for Analysis of Legal Mobilization: A Decision-Making Model

1982 ◽  
Vol 7 (4) ◽  
pp. 989-1071 ◽  
Author(s):  
Frances Kahn Zemans
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Legal Mobilization ◽  
Access To Justice ◽  
Relevant Variables ◽  
Individual Actor ◽  
The Law ◽  
American Legal System ◽  
The Individual ◽  
Decision Making Model

The American legal system, structured in an entrepreneurial mode, relies upon the individual actor to personally evaluate the burdens and benefits of invoking the law on his or her own behalf. Without discounting the contribution to our understanding of legal mobilization which has been made by the access-to-justice movement, the author argues that focusing on the poor and the distribution of legal services has limited our understanding of the legal system.The article presents an alternative analytic framework for examination of citizen use of the law. The model of legal mobilization presented focuses on demands rather than needs, on citizens rather than lawyers or judges, on decision making rather than access, and on invoking the law rather than compliance with it. Drawing on the literature and available empirical evidence, the author attempts to analytically clarify the complex process of legal mobilization by organizing relevant variables into a decision-making model that focuses on the individual actor and the factors weighed in deciding whether and how to proceed in mobilizing the law.

scholarly journals Confession as a Form of Knowledge-Power in the Problem of Sexuality

2021 ◽  
Author(s):  
Iiris Kestilä
Keyword(s):  
United Kingdom ◽  
Legal System ◽  
Armed Forces ◽  
Disciplinary Power ◽  
Military Organization ◽  
The United Kingdom ◽  
European Court ◽  
The Law ◽  
The Individual ◽  
The Military

AbstractThis article addresses two questions related to the discrimination of homosexuals in the British Armed Forces as illuminated in the judgments of the European Court of Human Rights in the cases Smith and Grady v. the United Kingdom and Beck, Copp and Bazeley v. the United Kingdom. First, how does the military organization obtain knowledge about its subjects? Two works by Michel Foucault concerning the thematic of confession—The Will to Knowledge and About the Beginning of the Hermeneutics of the Self: Two Lectures at Dartmouth—provide a foundation for answering this question. Second, what happens when this knowledge obtained by the military organization comes into contact with the legal system? In relation to this question, Foucauldian theories of law are discussed, namely the so-called ‘expulsion thesis’ and ‘polyvalence theory’. It is argued that the production of knowledge in the context of these cases is intertwined with the technique of confession. However, the confession does not only operate at the level of the military organization but also as an internal practice of the individual. When this knowledge then encounters the legal system, it appears that the law puts up a certain resistance towards other forms of power, e.g. disciplinary power. It is argued that this resistance is due to the law’s ‘strategic openness’, i.e. the possibility to harness the law to different strategic purposes, due to which law can never be fully subordinated by external powers.

scholarly journals Modern epidemiology and its discontents

2013 ◽  
Vol 47 (5) ◽  
pp. 984-991 ◽  
Author(s):  
Kenneth Rochel de Camargo Jr ◽  
Francisco Ortega ◽  
Claudia Medina Coeli
Keyword(s):  
Public Health ◽  
Public Policy ◽  
Social Issues ◽  
Ongoing Debate ◽  
Individual Level ◽  
Core Set ◽  
Scopus Database ◽  
To Come ◽  
The Individual ◽  
Styles Of Reasoning

The goal of this article is to present a snapshot of an ongoing debate within epidemiology, pitching opposing sides in the struggle to define the path it should follow in the years to come. The debate among epidemiologists in the mid-90s pitted those who defended the idea that epidemiology should necessarily deal with a wide context against those who believed that science and public health are better served by focusing on the individual level. Ian Hacking’s concept of styles of reasoning was used as a theoretical tool. The literature was reviewed using a core set of articles as an entry point, seeking articles that cited them, and then back-tracking the citations of the resulting set in the Scopus database. The main arguments are presented according to levels (ontological, epistemological, axiological and pragmatic), in order to show an even deeper disagreement, in the very conception of science and its relation to social issues and public policy.

Globalism and ecophilosophy of the future

2021 ◽  
Author(s):  
Nariman Ismailov
Keyword(s):  
Sustainable Development ◽  
Cultural Development ◽  
Point Of View ◽  
Ecological Civilization ◽  
Individual Level ◽  
Stage Of Development ◽  
The World ◽  
The Future ◽  
The Law ◽  
The Individual

From the point of view of the new science of globalism, the problems of the ecological, socio-economic state of the world and countries are considered through the prism of the interaction of the human psyche and society and the inhabited world. The criteria of ecological civilization of countries and peoples are justified. Optimizing the consumption of natural bio-and energy resources is becoming a fundamental environmental factor for sustainable development. The "Law of the maximum for humanity" as the law of the biosphere can be the arbitration court, the neutral force that will explain the historical need for mutual understanding, taking into account the interests of ecology and economy for the survival of man as a biovid on Earth; a new reality will begin to form — the phenomenon of co-residence of the world society with the biosphere. The world's population, its energy and bio-consumption, as well as all living matter on the planet, must correspond to the biological capacity of the Earth and not go beyond its boundaries. The task of the society is to implement a worldview breakthrough at the current stage of development, its own cultural mutation, which in the future will create the basis for adaptive technological and socio-cultural development. The task is to classify the entire Earth as a "Green Book" and to solve systemic environmental problems of a global nature. An integral part of sustainable development should be the principle of "vital consumption" at both the personal and social level, instead of the dominant principle of"expanded production and consumption". The indicator of the" culture of consumption "of natural resources, both at the individual level and at the level of society, should be included as an integral part of the integral indicator in the "True Indicator of Progress" and the "Human Development Index". The book is interdisciplinary in nature; it is a kind of scientific and philosophical poetic essay intended for teachers and students of universities in the field of sociology, ecology, biology and related fields, as well as for everyone who cares about the future of society.

The Law of Homicide

2011 ◽  
pp. 97-112
Author(s):  
David Novak
Keyword(s):  
Death Penalty ◽  
Social Life ◽  
Human Life ◽  
Image Of God ◽  
The Political ◽  
Individual Level ◽  
Rabbinic Judaism ◽  
The Law ◽  
The Individual ◽  
The Image Of God

This chapter argues that the law prohibiting murder is the Noahide commandment most immediately and rationally evident. The rabbis considered its prohibition from two distinct points of view, the theological and the political. In theological terms, murder is the intentional taking of another human life, a life created in the image of God. In political terms, murder wrecks social life. Regarding murder at the individual level, the rabbis differentiated criteria for the punishment of Jews and gentiles. For Jews who commit murder, the death penalty is employed only under the strict standard of “hatra'ah,” or forewarning. Such a dispensation was not available to non-Jews. The law of homicide also deals with the morally knotty issue of abortion. Rabbinic Judaism permitted abortion only when the mother's life was in danger, but for Noahides, abortion was proscribed in every case.

AUDIÊNCIAS DE CUSTÓDIA NO BRASIL: UMA APRESENTAÇÃO DESTE INSTITUTO OBSERVANDO-SE OS PRINCÍPIOS DE DIREITO PENAL E AS PRISÕES PENAIS DO ORDENAMENTO JURÍDICO BRASILEIRO

2018 ◽  
Vol 7 (1) ◽  
pp. 129
Author(s):  
Rubens Luìs Freiberger ◽  
Juarez Diego Siqueira
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Police Officers ◽  
Legal Order ◽  
Inductive Method ◽  
National Legal System ◽  
The Law ◽  
The Individual ◽  
The University

<p class="resumo">O presente artigo retrata o instituto da Audiência de Custódia, implementado no ordenamento jurídico nacional em 15 de dezembro de 2015. Estas audiências visam uma apresentação do indivíduo detido a um juiz para que seja examinada a legalidade da prisão, as condições e o tratamento recebido por parte das autoridades que a realizaram e ainda para verificação sobre a necessidade de manutenção da prisão durante o decorrer do processo. Muitos aspectos foram questionados pela doutrina, magistrados, delegados de polícia e por demais operadores do direito, tanto sobre a legalidade do meio de implantação deste instituto e também sobre a necessidade de realização ou não dessas audiências. O estudo faz uso do método indutivo associado à pesquisa bibliográfica, utilizando a produção descritiva e observando a Normalização dos Trabalhos Acadêmicos da Universidade Alto Vale do Rio do Peixe (UNIARP), bem como as regras da Associação Brasileira de Normas Técnicas (ABNT).</p><p class="resumo"><strong>Palavras-chave: </strong>Audiência de Custódia. Prisões. Legalidade. Implantação.</p><h3>CUSTODIAL AUDIENCES IN BRAZIL: A PRESENTATION OF THIS INSTITUTE OBSERVING THE PRINCIPLES OF CRIMINAL LAW AND PENAL PRISONS OF THE BRAZILIAN LEGAL ORDER</h3><div><p class="abstractCxSpFirst"><strong>Abstract: </strong>This article portrays the institute of the Hearing of Custody, implemented in the national legal system on December 15, 2015. These hearings aim at presenting the individual detained to a judge to examine the legality of the prison, the conditions and the treatment received by of the authorities that carried it out and also to verify the need to maintain the prison during the course of the proceedings. Many aspects were questioned by the doctrine, magistrates, police officers and by other operators of the law, as much on the legality of the means of implantation of this institute and also on the necessity of realizing or not of these audiences. The study uses of the inductive method associated with the bibliographic research, using descriptive production and observing the Standardization Works of academic works of the University Alto Vale do Rio do Peixe (UNIARP), as well as the rules of the Brazilian Association of Technical Norms (ABTN).</p><p class="abstractCxSpLast"><strong>Keywords: </strong>Custody Hearing. Prisons. Legality. Implantation.</p></div>

scholarly journals Memory for individual items is related to nonreinforced preference change

2021 ◽  
Vol 28 (10) ◽  
pp. 348-360
Author(s):  
Rotem Botvinik-Nezer ◽  
Akram Bakkour ◽  
Tom Salomon ◽  
Daphna Shohamy ◽  
Tom Schonberg
Keyword(s):  
Decision Making ◽  
Behavioral Change ◽  
Behavioral Interventions ◽  
Training Session ◽  
Associative Memories ◽  
Preference Change ◽  
Individual Item ◽  
Approach Training ◽  
Item Level ◽  
The Individual

It is commonly assumed that memories contribute to value-based decisions. Nevertheless, most theories of value-based decision-making do not account for memory influences on choice. Recently, new interest has emerged in the interactions between these two fundamental processes, mainly using reinforcement-based paradigms. Here, we aimed to study the role memory processes play in preference change following the nonreinforced cue-approach training (CAT) paradigm. In CAT, the mere association of cued items with a speeded motor response influences choices. Previous studies with this paradigm showed that a single training session induces a long-lasting effect of enhanced preferences for high-value trained stimuli, that is maintained for several months. We hypothesized that CAT increases memory of trained items, leading to enhanced accessibility of their positive associative memories and in turn to preference changes. In two preregistered experiments, we found evidence that memory is enhanced for trained items and that better memory is correlated with enhanced preferences at the individual item level, both immediately and 1 mo following CAT. Our findings suggest that memory plays a central role in value-based decision-making following CAT, even in the absence of external reinforcements. These findings contribute to new theories relating memory and value-based decision-making and set the groundwork for the implementation of novel nonreinforced behavioral interventions that lead to long-lasting behavioral change.

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