Behavioral Biases and the Law

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Barbara Luppi

Abstract Empirical and experimental evidence shows that individuals exhibit behavioral biases in their decision-making processes that depart from the full rationality paradigm. This paper discusses the effectiveness of alternative debiasing strategies, designed to induce socially preferable outcomes. Following Jolls, C. and Sunstein, C.R. (2006). Debiasing through law. J. Leg. Stud. 35: 199–242, this paper examines legal strategies that aim at “debiasing through law”, attempting to reduce or eliminate boundedly rational behavior. Alternatively, policymakers can implement “insulating” legal strategies that separate the outcome from the biased behavior, without attempting to eradicate behavioral biases from the decision-making process. This paper compares these strategies in many areas, such as tort law, consumer safety law, and property law.

Author(s):  
S. M. Amin Hosseini ◽  
Albert de la Fuente ◽  
Oriol Pons ◽  
Carmen Mendoza Arroyo

AbstractOne of the main challenges in assisting displaced persons who have lost their homes as a result of a natural hazard is the provision of adequate post-disaster accommodations, such as temporary housing. Although the need for temporary housing has increased around the world in recent years, it has been criticized on economic, environmental, and social grounds. A universal approach to post-disaster accommodations cannot successfully deal with this issue because each recovery process involves a unique set of conditions. Therefore, rather than defining a specific strategy, this study aims to present an approach capable of producing customized strategies based on contextual and social conditions. To this end, first, the main factors influencing the choice of post-disaster accommodations are identified through five case studies. It is concluded that all of the factors can be organized into three main vertices to simplify the highly complex issues involved in post-disaster accommodations. The case studies also show that the decision-making process consists of two main parts. To date, a recurring failure to distinguish between these two parts has led to unsuitable outcomes. Thus, this paper presents a new decision-making methodology, consisting of multiple steps, phases, and indicators based on the main vertices.


2016 ◽  
Vol 30 (1) ◽  
pp. 52-57 ◽  
Author(s):  
Kristi J. Stinson

Completed as part of a larger dissertational study, the purpose of this portion of this descriptive correlational study was to examine the relationships among registered nurses’ clinical experiences and clinical decision-making processes in the critical care environment. The results indicated that there is no strong correlation between clinical experience in general and clinical experience in critical care and clinical decision-making. There were no differences found in any of the Benner stages of clinical experience in relation to the overall clinical decision-making process.


2017 ◽  
Vol 12 (7) ◽  
pp. 129
Author(s):  
Mona Mohamed Abd Elghany ◽  
Reem Aly Elharakany

The quality of education is influenced by the managerialization of the universities, which refers to the introduction of substantial changes in the decision-making processes of the academic institutions, and the application of renewed information systems along with new managerial methodologies to restructure the organisational strategic relationships with stakeholders. This paper proposes a questionnaire to assess the importance of facilities in universities according to their financial budget consumed value. Semi Structured Interviews were conducted with the heads of logistic and financial departments in Egyptian universities, twenty public universities and twenty-three private universities, in order to identify criteria for the most significant university's facilities and appealing infrastructure that contributes to the quality of education.


2019 ◽  
Vol 1 (1) ◽  
pp. 51-57
Author(s):  
Maria Liana Lacatus

The paper presents important issues of decision making processes with an emphasis on rational and irrational components of these processes. After a short introduction outlining the need for a deeper understanding of rational and non-rational factors that affect the decisions people make, the rationality of people decisions in daily life is questioned and the role of non-rational factors such as intuition are analyzed. The economic understanding of the decision making process is presented and principles of rational decision-making are explained. Different methods used and recommended by economists in order to make decisions are presented and applied in different life situations in order to demonstrate their value in daily life. Special emphasis is put on factors such as imperfect information, illusion of control, or risk aversion that may affect the rationality of the decision making processes. In the final section of the paper the concept of bounded rationality is introduced and explained along with new theories in economics that are challenging the classic economic perspective on the decision making process


2018 ◽  
Vol 6 (1) ◽  
pp. 515
Author(s):  
Inayah Hidayati

Objective: This research aims to explain the impact of social media on the migration decision-making process of Indonesian student migrants in University of Groningen who used a social media account. In detail, this research will consider the role of social media in the migration decision-making process of students who emigrated from Indonesia and how they uses social media in the context of the migration decision-making process. Methods: The data collected included qualitative data from in-depth interviews and supported by study literatures. An interview guide was formulated to facilitate the indepth interviews and generate a better understanding of migration behavior. Expectation: Social media help Indonesian student migrants on migration decision making process and they use social media for searching information about destination area. Result: Student migrant in University of Groningen use their social media to gain information before they choose that university for study. They use Facebook to making contact with their friends and collagues in the destination country. Student group on Facebook help Indonesian student to get information about school and daily life.


2017 ◽  
Vol 57 (5) ◽  
pp. 687-701 ◽  
Author(s):  
SoJung Lee ◽  
HakJun Song ◽  
Choong-Ki Lee ◽  
James F. Petrick

This study integrated the Model of Goal-directed Behavior (MGB) and the Attention, Interest, Desire, and Actions (AIDA) model into a conceptual framework to examine how pop culture influences decisions to visit a pop culture–featured destination. Findings revealed that visit intentions were significantly influenced by variables in the two models (MGB and AIDA), highlighting that attention to pop culture and positive anticipated emotions played important roles in unifying them. Results suggest that the integrated framework offers a comprehensive and coherent perspective on the complicated decision-making process of pop culture fans, which enhances the explanatory power for predicting future intentions. Thus, this paper offers an innovative approach to integrating models from the disciplines of psychology and advertising.


Author(s):  
Emıne Nılufer Pembecıoglu ◽  
Hatıce Irmaklı

The society we live in and the culture we're surrounded by all have an impact on our decision-making processes requiring that media literacy skills start flourishing during the early years. Globalization changed the dynamics of the world and society by removing any limitations of time and space. Thus, different cultures and values encounter one another, which is why media literacy and intercultural awareness are becoming the key skills in today's world. This chapter aims to analyze the stages, reasons, and the choices of the decision-making process of individuals from different cultural backgrounds in an intercultural communication setting where they were given certain problems for which they were expected to find solutions in a limited amount of time. The chapter mainly discusses the notion of “tolerance” and “judgement”: how one positions her/himself in an intercultural environment and how s/he approaches a problem with the awareness of cultural differences.


Author(s):  
Xiang Michelle Liu

The major purpose of this chapter is to understand average user's decision-making process in cybersecurity by reviewing and integrating several major theoretical frameworks discussed and applied in decision making processes in cybersecurity. The average users are the ones who do not realize or understand when or how to perform security-critical decisions, the ones who are unmotivated to comply with company and school cybersecurity policies and procedures due to inconvenience, and the ones who do not have sufficient knowledge in cybersecurity to make sound security decisions. It is important to discuss and understand the role of such users and their behaviors based on systematic analysis so that we can identify potential factors causing “poor” security decisions and find ways to reduce the likelihood of being victims of cyber-attacks. The ultimate goal is to provide insights and make recommendations on how to foster individual's cyber acumen and cultivate a more effective decision-making process.


2021 ◽  
pp. 105-122
Author(s):  
Craig J. Bryan

This chapter argues that suicide can be more usefully understood as a consequence of decision-making processes that are vulnerable to environmental and social influence rather than a consequence of internal states or traits such as mental illness. Mental illness and emotional distress more generally are better understood as one particular context within which the decision to make a suicide attempt or not often presents itself, but this does not mean that mental illness is the only context within which this choice is considered. This also does not mean that mental illness causes suicide. The basic concept involved in the marshmallow experiment—decision-making under different conditions—has received increased attention in the past decade among suicide researchers. Studies reveal that the decision-making process of someone who almost died as a result of a suicide attempt was no different from the decision-making process of someone who had never attempted suicide, was not currently suicidal, and did not have a mental illness. This finding lines up with the idea that there can be multiple pathways to suicide.


Author(s):  
Alan J. Dettlaff ◽  
Dana Hollinshead ◽  
Donald J. Baumann ◽  
John D. Fluke

When children come to the attention of the child welfare system, they become involved in a decision-making process in which decisions are made that have a significant effect on their future and well-being. The decision to remove children from their families is particularly complex, yet surprisingly little is understood about this decision-making process. As a result, instrumentation has been developed and adapted over the past 20 years to further understand variations in child welfare outcomes that are decision-based and, in particular concerning the removal decision, in order to provide a more thorough understanding of the intersecting factors that influence caseworker decisions. This chapter presents research and the development and use of this instrument, drawing from the decision-making ecology as the underlying rationale for obtaining the measures. The instrument was based on the development of decision-making scales used in multiple studies and administered to child protection caseworkers in several states. This effort is part of a larger program of research that seeks to better understand decision-making processes in child welfare systems in order to promote fairness, accuracy, and improved outcomes among children and families.


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