The Situationist

Archive for the ‘Public Policy’ Category

The Political Situation of the Economic Inequality

Posted by The Situationist Staff on November 6, 2010

In Winner-Take-All Politics: How Washington Made the Rich Richer – And Turned Its Back on the Middle Class, Jacob S. Hacker of Yale and Paul Pierson of Berkeley argue that America’s money-addicted and change-resistant political system is at the heart of the enormous and rapidly growing income inequality that they say is undermining America’s economic and political stability.

Posted in Book, Deep Capture, Distribution, Politics, Public Policy | Tagged: , , , , | Leave a Comment »

The Psychology of Guns and Race

Posted by Adam Benforado on November 2, 2010

I have just posted my forthcoming article, Quick on the Draw: Implicit Bias and the Second Amendment, on SSRN.  The abstract appears below:

African Americans face a significant and menacing threat, but it is not the one that has preoccupied the press, pundits, and policy makers in the wake of several bigoted murders and a resurgent white supremacist movement. While hate crimes and hate groups demand continued vigilance, if we are truly to protect our minority citizens, we must shift our most urgent attention from neo-Nazis stockpiling weapons to the seemingly benign gun owners among us—our friends, family, and neighbors—who show no animus toward African Americans and who profess genuine commitments to equality.

Our commonsense narratives about racism and guns—centered on a conception of humans as autonomous, self-transparent, rational actors—are outdated and strongly contradicted by recent evidence from the mind sciences.

Advances in implicit social cognition reveal that most people carry biases against racial minorities beyond their conscious awareness. These biases affect critical behavior, including the actions of individuals performing shooting tasks. In simulations, Americans are faster and more accurate when firing on armed blacks than when firing on armed whites, and faster and more accurate in electing to hold their fire when confronting unarmed whites than when confronting unarmed blacks. Yet, studies suggest that people who carry implicit racial bias may be able to counteract its effects through training.

Given recent expansions in gun rights and gun ownership—and the hundreds of thousands, if not millions, of private citizens who already use firearms in self-defense each year—this is reason for serious concern. While police officers often receive substantial simulation training in the use of weapons that, in laboratory experiments, appears to help them control for implicit bias, members of the public who purchase guns are under no similar practice duties.

In addressing this grave danger, states and local governments should require ongoing training courses for all gun owners similar to other existing licensing regimes. Such an approach is unlikely to run into constitutional problems and is more politically tenable than alternative solutions.

To download a copy of the entire paper, click here.  For a sample of related Situationist posts, see “Why Race May Influence Us Even When We “Know” It Doesn’t,’ “He’s a Banana-Eating Monkey, but I’m Not a Racist,” Jennifer Eberhardt’s “Policing Racial Bias” - Video,”A Situationist Considers the Implications of Simpson Sentencing,” Guilt and Racial Prejudice,” “Perceptions of Racial Divide,” and “Banaji & Greenwald on Edge – Part IV.”

Posted in Abstracts, Education, Implicit Associations, Law, Public Policy, Situationist Contributors | Tagged: , , , , | Leave a Comment »

Robert Reich on the Unequal Situation of the Great Recession

Posted by The Situationist Staff on October 8, 2010

From Youtube:

Robert Reich on the ideas in his new book, “Aftershock.” The economic recession we are in is a structural problem rooted in an economy where wealth is as unequal as any time since in the great depression. That inequality leaves us susceptible to political extremism unless we fix it.

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In the following videos, Robert Reich discusses his book at length at Strand Bookstore.

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For a sample of related Situationist posts, see “Even monkeys know when they’re being treated unfairly,” “Robert Reich on the Situation of Health Care Reform,” Monkey Fairness,” “A Discussion about (In)Equality,” “The Interior Situational Reaction to Inequality,” “The Situation of Money and Happiness,” “Nicole Stephens on ‘Choice, Social Class, and Agency’,” “The Situation of Mortgage Defaults,” “Barbara Ehrenreich – a Situationist,” “Warren on the Situation of Credit,” The Situation of the Mortgage Crisis,” and “Financial Squeeze: Bad Choices or Bad Situations?.”

Posted in Book, Conflict, Distribution, Politics, Public Policy, Video | Tagged: , | 2 Comments »

The Situation of High Marginal Income Tax Rates and Motivation

Posted by The Situationist Staff on October 5, 2010

A leading rationale against progressively higher income tax rates for top-earners is that high taxes will dissuade them from working hard, being innovative, or trying to be the best at whatever they do. This rationale has seemingly prevented a return of the very high marginal income tax rates used between 1951 and 1963, when taxable personal income over $400,000 was taxed to the tune of 91% by the federal government.

Now-a-days, taxable personal income over $373,650 is taxed at 35% by the federal government (the percent will increase to 39.6% in 2011 if the Bush tax cuts are not extended or made permanent.  39.6% was used during the Clinton years.  When combining many states’ income taxes, the effective rate would–at least for those high-earners living in states with progressive state income taxes–jump to close to 50%, but still much lower than 91%).

Keep in mind, only about 1.5% of the U.S. population earns over $250,000 a year, so a marginal tax rate increase for those earning over $373,650 is not an increase that would directly impact the vast majority of Americans.  And yet such an increase is commonly viewed as harmful because it might, in the view of some, deter work ethic/innovation by those with entrepreneurial dreams and undermine a corresponding creation of jobs.

Is there any empirical or even anecdotal truth behind this rationale?  Over on Daily Kos, a writer unequivocally says no in his piece titled “No Country for Zuckerbergs.”  The piece details the extraordinary success of Facebook founder Mark Zuckerberg, the 26-year-old who is now worth close to $7 billion and whose company has made many of the 1,200 Facebook employees very well off.  The piece contends that innovative persons like Zuckerberg would not be dissuaded by higher taxes.  Here’s an excerpt:

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Mr. Zuckerberg, for example, in 2004 was staring at a top marginal tax rate of 35 percent, the Bush rate. It seems to me he considered paying that rate of tax would be worth the cost of earning himself almost $7 billion. Does anyone really believe he would not have founded Facebook if the tax rate was 39.6 percent, the Clinton rate? Is that extra 4.6 percent such a huge obstacle to success, that Mr. Zuckerberg would have decided Facebook and its prospects weren’t worth the effort? How about Bill Gates of Microsoft staring at a top rate of 70 percent in 1979? Or perhaps Gordon Moore of Intel starting out with a top rate of 75 percent in 1968? Why did Bill Hewlett and Dave Packard start HP in a garage in 1939 with a top rate of 79 percent and then take the company public in 1957, during which time the top rate rose to 91 percent? 91 percent!

The fact is the idea that tax rates have anything to do with business creation is a myth. Nobody who has a great idea and good prospects is going to not go for it because of tax rates. Even if the tax rate was 100 percent over annual income of $1 billion, it isn’t going to stop someone who has some moxie for going for that $1 billion a year. Lets face it, a billion dollars is a good living. Furthermore, it has almost nothing to do with job creation. American Express surveyed small business this year and found only 18 percent cared about high taxes. Only 8 percent were worried about the federal deficit. When asked “Which of the following would most incent you to hire,” 67 percent of small businesses said more consumer demand or better economic outlook. Only 11 percent said tax credit.

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An increase in the top marginal tax rate is going to have no effect whatsoever on job creation or business investment. Business success has nothing to do with income tax rates and everything to do with the old-fashioned things: passion, perseverance, inspiration, timing, moxie, and most of all luck.

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To read the rest, click here.  To read other Situationist posts on taxes, click here.

Posted in Ideology, Law, Public Policy | Tagged: , , | 4 Comments »

The State of Shareholder Power in the Situation of Citizens United 

Posted by The Situationist Staff on April 22, 2010

Who is speaking when a corporation talks? Can a corporation represent all of its shareholders and workers in political speech? How will corporations decide who to represent?  In “Corporate Governance Redux in the Light of Citizens United,” Robert A.G. Monks will detail  the history of corporate personhood and how this case relates to corporate governance.

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Come hear Mr. Monks, shareholder activist, author, corporate governance advisor, and HLS alum, for a lunch-time discussion of the state of shareholder power after Citizens United (04/22/10).  The talk will be held in Austin West at Harvard Law School (12pm-1pm).  Lunch will be provided.

Posted in Deep Capture, Distribution, Events, History, Law, Public Policy | Tagged: , , , | Leave a Comment »

De-Capturing the FDA

Posted by The Situationist Staff on April 19, 2010

Harvard Law Student, Jason Iuliano, recently posted his forthcoming article, “Killing Us Sweetly: How to Take Industry Out of the FDA” (forthcoming Journal of Food Law and Policy) on SSRN.  Here’s the abstract.

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For more than a century, the Food and Drug Administration has purported to protect the public health. During that time, it has actually been placing corporate profits above consumer safety. Nowhere is this corruption more evident than in the approval of artificial sweeteners. FDA leaders’ close ties to the very industry they were supposed to be regulating present a startling picture. Ignoring warnings from both independent scientists and their own review panels, FDA decision makers let greed guide their actions. They approved carcinogenic sweeteners such as saccharin, aspartame, and sucralose while simultaneously banning the natural herb stevia because it would cut into industry profits. This Article proposes two reforms that can end these corrupt practices and take industry out of the FDA. By strengthening conflict of interest regulations and preventing companies from participating in safety trials, the FDA will be able to gain independence from corporate control.

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To download the paper for free, click here.

To review a sample of related Situationist posts, see “The Deeply Captured Situation of the Economic Crisis,” Our Stake in Corporate Behavior,” The Policy Situation of Obesity,” The Situation of Food: The Movie,”Our Situation Is What We Eat,” Larry Lessig’s Situationism,” Big Calories Come in Small Packages,” The Situation of Policy Research and Policy Outcomes,” Industry-Funded Research,” The Situation of our Food – Part I,” “The Situation of Our Food – Part II,” The Situation of Our Food – Part III,” and “The Situation of our Food – Part IV.”

The American obesity paradox is explored at some length by Situationist Contributors, Adam Benforado, Jon Hanson, and David Yosifon, who devoted a sizeable article to the mistaken but dominant dispositionist attributions made regarding obesity and the actual situational sources of the epidemic, including industry capture of regulatory institutions. To access their article, entitled “Broken Scales: Obesity and Justice in America,” click here.

Posted in Abstracts, Deep Capture, Food and Drug Law, Politics, Public Policy | Tagged: , , , , , , | Leave a Comment »

The Deeply Captured Situation of the Economic Crisis

Posted by The Situationist Staff on April 18, 2010

Here is an outstanding 30-minute video interview about the sources of the financial crisis.  The interview should resonate with regular readers of The Situationist and those otherwise familiar with the “deep capture” hypothesis.

From Bill Moyers Journal:

“How did Big Finance grow so powerful that its hijinks nearly brought down the global economy – and what hope is there for real reform with Washington politicians on Wall Street’s payroll? Bill Moyers talks with authors Simon Johnson and James Kwak, two of the nation’s most respected economic experts and authors of the new book 13 Bankers: The Wall Street Takeover and the Next Financial Meltodown.”

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Here’s a sample of the transcript:

James Kwak: I think there are two things. There’s a narrow and a broad view of this. The narrow view is I think Rubin is actually not lying. I think it is true that Rubin did not know what the risks were. Although he certainly should have known what the risks were. And that’s because he was fully subscribed to this ideology that free markets are good. That the market will take care of itself. That, he also suffered from a lot of the blindness that corporate officers and directors have. Corporate officers and directors manage these enormous organizations with tens of hundreds of thousands of people. They have very little idea what’s going on. They’re getting their information from subordinates, who are giving them a filtered view of the world. On the other hand, when he says, no one could have foreseen this. This is what I call an intellectual cover up. And I say that because it’s very disingenuous. Over the past 20 years, these banks used their economic power and their political power to engineer an unregulated financial environment in which precisely this sort of thing could happen. And in that sense, I think that this was not an accident. It was not a natural disaster. It was not unforeseeable. It was the product of the efforts by the sector over the past 20 years to reshape Washington and to engineer an environment that would allow them to make as much money as possible. Simon talked earlier about money. And we know that the financial sector, especially Wall Street, has been, has made enormous contributions to both campaign contributions and lobbying expenses. But I think there were, there were two more potent weapons in their arsenal. One is the revolving door. So, we’ve seen an enormous number of people passing back and forth between Washington and Wall Street over the past 20 years. This is not a new phenomenon. It happens in every industry. But there are certain things that make it especially pernicious when it comes to finance. One is that, one is a question of incentives. So, compared to other industries, Wall Street can simply offer enormous amounts of money. I’m not saying that everyone did that. I’m not saying that even the majority of people did that. But that is, that is very clear.

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You can learn more about Wall Street reform and Simon Johnson and James Kwak here.

The most basic prediction of the “deep capture” hypothesis is that there will be a competition over the situation (including the way we think) to influence the behavior of individuals and institutions and that those individuals, groups, entities, or institutions that are most powerful will win that competition. The deep capture hypothesis was described in more detail in a series of posts.

  • Part I of that series explained that the “deep capture” story is analogous to the (shallow) capture story told by economists (such as Nobel laureate George Stigler) and public choice theorists for decades regarding the competition over prototypical regulatory institutions.
  • Part II looked to history (specifically, Galileo’s recantation) for another analogy to the process that we claim is widespread today — the deep capture of how we understand ourselves.
  • Part III picked up on both of those themes and explains that Stigler’s “capture” story has implications far broader and deeper than he or others realized.
  • Part IV examined the relative power (measured as the ability to influence situation) of large commercial interests today, much like the power of the Catholic Church in Galileo’s day.
  • Part V described other parallels between the Catholic Church and geocentrism, on one hand, and modern corporate interests and dispositionism, on the other.
  • Part VI laid out the “deep capture hypothesis” a bit more and began loosely testing it by examining the role that it may have played in the “deregulatory” movement.
  • Part VII provided some illustrative examples of how atypical “regulators,” from courts to hard-hitting news networks, reflect and contribute to deep capture.
  • Part VIII contrasted different cultures for evidence of commercial interests in promoting dispositionism.
  • Part IX described the strategy of employing third-party messengers.
  • Part X summarized some of the evidence of how pro-commercial interests invested to shape legal theory and law.

For a sample of related Situationist posts, see “The Century of Dipositionism – Part I,” “Robert Reich on the Situation of Health Care Reform,” “Conference on the Free Market Mindset,” “Our Stake in Corporate Behavior,” “Tushnet on Teles and The Situation of Ideas – Abstract,” “Larry Lessig’s Situationism,” “The Situation of Policy Research and Policy Outcomes,” Reclaiming Corporate Law in a New Gilded Age – Abstract,” The Illusion of Wall Street Reform,” Industry-Funded Research,” “The Situation of Medical Research,” “The Situation of Talk Radio,” “The company ‘had no control or influence over the research’ . . . .,” “The Situation of University Research,” “Captured Science.”

Posted in Book, Deep Capture, Ideology, Law, Public Policy, Public Relations, Video | 3 Comments »

Situationism in Policy

Posted by The Situationist Staff on April 10, 2010

Situationist Contributor Jon Hanson was recently interviewed by Big Think.  Here is his answer to the following question: “How have policy makers responded to your research?”

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You can view more at “Harvard Law Spotlights Situationism” and  “Jon Hanson on Situationism and Dispositionism,” which contains other related Situationist links.

Posted in Law, Legal Theory, Public Policy, Situationist Contributors, Video | Tagged: , , | Leave a Comment »

The Addictive Situation of Fatty Food

Posted by The Situationist Staff on March 30, 2010

Sarah Klein wrote an article for CNN, titled “Fatty foods may cause cocaine-like addiction,” discussing recent research co-authored by Paul J. Kenny, Ph.D., an associate professor of molecular therapeutics at the Scripps Research Institute.  Here are a few excerpts.

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In the study, published in the journal Nature Neuroscience, Kenny and his co-author studied three groups of lab rats for 40 days. One of the groups was fed regular rat food. A second was fed bacon, sausage, cheesecake, frosting, and other fattening, high-calorie foods–but only for one hour each day. The third group was allowed to pig out on the unhealthy foods for up to 23 hours a day.

Not surprisingly, the rats that gorged themselves on the human food quickly became obese. But their brains also changed. By monitoring implanted brain electrodes, the researchers found that the rats in the third group gradually developed a tolerance to the pleasure the food gave them and had to eat more to experience a high.

They began to eat compulsively, to the point where they continued to do so in the face of pain. When the researchers applied an electric shock to the rats’ feet in the presence of the food, the rats in the first two groups were frightened away from eating. But the obese rats were not. “Their attention was solely focused on consuming food,” says Kenny.

In previous studies, rats have exhibited similar brain changes when given unlimited access to cocaine or heroin. And rats have similarly ignored punishment to continue consuming cocaine, the researchers note.

The fact that junk food could provoke this response isn’t entirely surprising, says Dr.Gene-Jack Wang, M.D., the chair of the medical department at the U.S. Department of Energy’s Brookhaven National Laboratory, in Upton, New York.

“We make our food very similar to cocaine now,” he says.

Coca leaves have been used since ancient times, he points out, but people learned to purify or alter cocaine to deliver it more efficiently to their brains (by injecting or smoking it, for instance). This made the drug more addictive.

According to Wang, food has evolved in a similar way. “We purify our food,” he says. “Our ancestors ate whole grains, but we’re eating white bread. American Indians ate corn; we eat corn syrup.”

The ingredients in purified modern food cause people to “eat unconsciously and unnecessarily,” and will also prompt an animal to “eat like a drug abuser [uses drugs],” says Wang.

The neurotransmitter dopamine appears to be responsible for the behavior of the overeating rats, according to the study. Dopamine is involved in the brain’s pleasure (or reward) centers, and it also plays a role in reinforcing behavior. “It tells the brain something has happened and you should learn from what just happened,” says Kenny.

Overeating caused the levels of a certain dopamine receptor in the brains of the obese rats to drop, the study found. In humans, low levels of the same receptors have been associated with drug addiction and obesity, and may be genetic, Kenny says.

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To read the entire article, click here.

To read some related Situationist posts, see “The Policy Situation of Obesity,” The Situation of Snacking,” Big Calories Come in Small Packages,”The Situation of Eating – Part II,” The Situation of Eating,” “The Situation of the Dreaded ‘Freshman 15′,” “Our Situation Is What We Eat,” “Social Networks,” Common Cause: Combating the Epidemics of Obesity and Evil,” “The Situation of Fatness = Our ‘Obesogenic’ Society,” Innovative Policy: Zoning for Health,” Situational Obesity, or, Friends Don’t Let Friends Eat and Veg,” “McDonalds tastes better than McDonalds, if it’s packaged right,” “The Science of Addiction, The Myth of Choice,” The Situation of our Food – Part I,” “The Situation of Our Food – Part II,”The Situation of Our Food – Part III,” and “The Situation of our Food – Part IV.”

The American obesity paradox is explored at some length by Situationist Contributors, Adam Benforado, Jon Hanson, and David Yosifon, who devoted a sizeable article to the mistaken but dominant dispositionist attributions made regarding obesity and the actual situational sources of the epidemic. To access their article, entitled “Broken Scales: Obesity and Justice in America,” click here.

Posted in Choice Myth, Food and Drug Law, Public Policy | Tagged: , , , | 3 Comments »

The Situation of Bottled Water

Posted by The Situationist Staff on March 26, 2010

From the Story of Stuff: The Story of Bottled Water, releasing March 22, 2010, employs the Story of Stuff style to tell the story of manufactured demand—how you get Americans to buy more than half a billion bottles of water every week when it already flows from the tap. Over five minutes, the film explores the bottled water industrys attacks on tap water and its use of seductive, environmental-themed advertising to cover up the mountains of plastic waste it produces. The film concludes with a call to take back the tap, not only by making a personal commitment to avoid bottled water, but by supporting investments in clean, available tap water for all.

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For a sample of related Situationist posts, see ““Flow” and the Situation of Water,” and the links that posts contains.

Posted in Abstracts, Choice Myth, Deep Capture, Education, Food and Drug Law, Life, Marketing, Public Policy, Video | Tagged: , | Leave a Comment »

“Flow” and the Situation of Water

Posted by The Situationist Staff on March 25, 2010

From Wikipedia: Flow: For Love of Water is a 2008 documentary film by Irena Salina. The film concentrates on the big business of privatization of water infrastructure which prioritizes profits over the availability of clean water for people and the environment. Major businesses depicted in the film are Nestle, The Coca-Cola Company, Suez, and the International Monetary Fund (IMF).

The first video below is the trailer.  You can watch the movie in 9 (roughly 10-minute) sections after the jump.

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Read the rest of this entry »

Posted in Deep Capture, Distribution, Food and Drug Law, Geography, Life, Politics, Public Policy, Video | Tagged: , | Leave a Comment »

Hanson & Kysar To Deliver the 2010 Monsanto Lecture

Posted by The Situationist Staff on March 18, 2010

Situationist Contributor Jon Hanson and Yale Law Professor Doug Kysar are co-delivering the 2010 Monsanto Lecture on Tort Law and Jurisprudence tomorrow at Valparaiso University School of Law.  Their lecture is titled “Abnormally Dangerous: Inequality Dissonance and the Making of Tort Law.”  Here’s the abstract.

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At the conceptual heart of tort law rests a choice between negligence and strict liability as the default standard of care for unintentional wrongs. The prevailing American view holds that strict liability should be reserved for rare cases in which an activity poses significant hazards even after a defendant has taken all reasonable care. The types of explanations for that preference have shifted over time from a classical liberal rationale to an economic efficiency rationale.  Neither of those explanations is fully persuasive on its own terms, as a careful examination of leading cases makes clear. So what might explain why courts sometimes prefer a negligence standard, when their logic could as easily have led them to a strict liability alternative?

There is growing evidence from the mind sciences that the reasons people give for their behavior and decisions are rarely causal and are often confabulatory. The field of social cognition, for instance, has demonstrated through countless experiments that “implicit attitudes” and “implicit motives,” which lie outside the purview of introspection, play a far more significant role in shaping our attitudes, ideologies, and behavior than most of us realize—or care to acknowledge. Among the most studied and influential implicit motives are the “cognitive closure” motive and the “inequality rationalization” motive.

Focusing primarily on Judge Posner’s famous and influential opinion in Indiana Harbor Belt R.R. Co. v. American Cyanamid Co., we examine whether an understanding of those implicit processes might help explain why he held that the activity of transporting highly toxic and flammable chemicals through residential neighborhoods was not abnormally dangerous and thus not subject to strict liability (and why, more generally, negligence has so thoroughly dominated strict liability as the default standard of care).  We investigate further whether such implicit dynamics left unexamined might themselves be abnormally dangerous.

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For a sample of related Situationist posts, see “Taking Behavioralism Seriously (Part I) – Abstract and Top Ten List,” “Tort Law’s Distributional Injustice,” The Cultural Situation of Tort Law,” Situationist Torts – Abstract,” Robin Hood Motives,” “The Interior Situational Reaction to Inequality,” The Motivated Situation of Inequality and Discrimination,” and “The Situation of Inequality – Guns, Germs, and Steel.”

Posted in Abstracts, Distribution, Events, Implicit Associations, Law, Legal Theory, Public Policy, Situationist Contributors | Tagged: , , , | 1 Comment »

The Situation of the Health Care Debate

Posted by The Situationist Staff on March 14, 2010

A Harvard Law student wrote a worthwhile post on Law & Mind a few weeks ago about some of the dynamics behind the health care debate.  Here is an excerpt.

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How should an institution inspire collective action?  What’s the best strategy?  The conventional wisdom is that to solve a collective problem, the institution should reward contributors and punish free-riders.  To prevent people from littering, fine them; to induce people to donate to charity, reward them; to move people to invent, lure them with intellectual property . . . .  The implicit reasoning is that the typical human agent is a rational wealth-optimizer who won’t contribute to a public good unless he or she is incentivized to do.  Yet, . . . the rational actor model isn’t an accurate depiction of human nature.  Just as the average person doesn’t make the “rational choice” in an ultimatum bargain, the average person doesn’t jump to contribute to a public good on account of a mere carrot or stick.  The conventional wisdom—that the optimal solution for the collective action dilemma is incentive-based—is a gross oversimplification; the almighty incentive is only one aspect of a rich, complex puzzle.  Nonetheless, the conventional solution is unquestioned in our popular discourse regarding collective action.

Enter [Situationist Contributor] Professor Dan M. Kahan of Yale Law SchoolAs he’s done for quite a while, Professor Kahan challenges the conventional wisdom.  In the “The Logic of Reciprocity: Trust, Collective Action, and Law,” Professor Kahan argues that the traditional solution for a collective problem is often counter-productive, and offers an alternative theory that is grounded in an ecologically valid appraisal of the human animal.

Before exploring Professor Kahan’s theory, though, consider a recent example of the conventional wisdom’s influence on public discourse from an article in Slate entitled, “The Senator’s Dilemma,” published last week.  There, Christopher Beam argues that the Democratic Party’s strategic stance with respect to health care reform can be viewed as a classic collective action problem.  Although Beam’s characterization of the problem is surely correct, his policy prescription is conventional.

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To read the rest of the post click here.

For a sample of related Situationist posts, “Rebecca Onie: Doing Something about the Situation of Medical Care,”  “How Ted Kennedy’s Passing Influences ‘Obamacare’,” The Situation of Racial Health Disparities,” “The Disturbing Mental Health Situation of Returning Soldiers,” “The Racial Situation of Pain Relief,” “The Situation of Medical Research,” and “Infant Death Rates in Mississippi.”  To read other Situationist posts discussing Dan Kahan’s work, click here.

Posted in Conflict, Politics, Public Policy, Situationist Contributors | Tagged: , , | 1 Comment »

Value-Affirmation, and the Situation of Climate Change Beliefs

Posted by The Situationist Staff on February 26, 2010

On NPR’s All Things Considered, Situationist Contributor Dan Kahan and Donald Braman were interviewed this week by Christopher Joyce regarding their important work on cultural cognition.  Here is an excerpt.

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Over the past few months, polls show that fewer Americans say they believe humans are making the planet dangerously warmer, and that is despite a raft of scientific reports that say otherwise. And that puzzles many climate scientists, but not social scientists.

As NPR’s Christopher Joyce reports, some of their research suggests that when people encounter new information, facts may not be as important as beliefs.

CHRISTOPHER JOYCE: The divide between climate believers and disbelievers can be as wide as a West Virginia valley, and that’s where two of them squared off recently at a public debate on West Virginia Public Radio.

Coal company president Don Blankenship is a doubter.

Mr. DON BLANKENSHIP (CEO, Massey Energy Company): It’s a hoax because clearly anyone that says that they know what the temperature of the earth is going to be in 2020 or 2030 needs to be put in an asylum because they don’t.

JOYCE: On the other side, environmentalist Robert Kennedy Jr.

Mr. ROBERT KENNEDY JR. (Environmentalist): Ninety-eight percent of the research, climatologists in the world say that global warming is real, that its impacts are going to be catastrophic. There are 2 percent who disagree with that. I have a choice of believing the 98 percent or the 2 percent.

JOYCE: For social scientist and lawyer Don Braman, it’s not surprising that two people can disagree so strongly over science. Braman is on the faculty at George Washington University and a part of a research group called Cultural Cognition.

Professor DON BRAMAN (George Washington University Law School/The Cultural Cognition Project): People tend to conform their factual beliefs to ones that are consistent with their cultural outlook, their worldview.

JOYCE: Braman’s group has conducted several experiments to back that up. First, they ask people to describe their cultural beliefs. Some embrace new technology, authority and free enterprise – the so-called individualistic group. Others are suspicious of authority, or of commerce and industry. Braman calls them communitarians.

In one experiment, Braman then queried his subjects about something unfamiliar: nanotechnology, new research into tiny, molecule-sized objects that could lead to novel products.

Prof. BRAMAN: These two groups start to polarize as soon as you start to describe some of the potential benefits and harms.

JOYCE: The individualists tended to like nanotechnology; the communitarians generally viewed it as dangerous – all based on the same information.

Prof. BRAMAN: It doesn’t matter whether you show them negative or positive information, they reject the information that is contrary to what they would like to believe, and they glom on to the positive information.

JOYCE: So what’s going on here?

Professor DAN KAHAN (Yale University Law School/The Cultural Cognition Project): Basically, the reason that people react in a close-minded way to information is that the implications of it threaten their values.

JOYCE: That’s Dan Kahan, a law professor at Yale University and a member of Cultural Cognition. He says people test new information against their preexisting view of how the world should work.

Prof. KAHAN: If the implication, the outcome, can affirm your values, you think about it in a much more open-minded way.

JOYCE: And if the information doesn’t, you tend to reject it.

In another experiment, people read a United Nations’ study about the dangers of global warming. Then the researchers said, okay, the solution is to regulate pollution from industry. Many in the individualistic group then rejected the climate science. But when more nuclear power was offered as the solution…

Prof. BRAMAN: They said, you know, it turns out global warming is a serious problem.

JOYCE: And for the communitarians, climate danger seemed less serious if the only solution was more nuclear power.

Then there’s the Messenger Effect. In an experiment dealing with the dangers versus benefits of a vaccine, the scientific information came from several people. They ranged from a rumpled and bearded expert to a crisply business-like one. And people tended to believe the message that came from the person they considered to be more like them – which brings us back to climate.

Prof. BRAMAN: If you have people who are skeptical of the data on climate change, you can bet that Al Gore is not going to convince them at this point.

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You can listen to, or read the rest of, the interview here.  For a sample of related Situationist posts related to cultural cognition, see The Situation of Scientific Consensus,” Dan Kahan on the Situation of Risk Perceptions,” Cultural Cognition as a Conception of the Cultural Theory of Risk.” For still more  Situationist posts discussing cultural cognition, click here.

For more Situationst posts on perceptions of climate change, see Global Climate Change and The Situation of Denial,” “Al Gore – The Situationist,” The Situation of Climate Change,” “Getting a Grip on Climate Change,” “Juliet Schor, ‘Colossal Failure: The Output Bias of Market Economies’,” “Denial,” The Need for a Situationist Morality,” “The Heat is On,” and “Captured Science.”

Posted in Cultural Cognition, Ideology, Legal Theory, Politics, Public Policy, Situationist Contributors | Tagged: , , | 2 Comments »

The Century of Dipositionism – Part II

Posted by The Situationist Staff on February 18, 2010

From BBC Website :

Adam Curtis’ acclaimed series examines the rise of the all-consuming self against the backdrop of the Freud dynasty.

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To many in both politics and business, the triumph of the self is the ultimate expression of democracy, where power has finally moved to the people. Certainly the people may feel they are in charge, but are they really? The Century of the Self tells the untold and sometimes controversial story of the growth of the mass-consumer society in Britain and the United States. How was the all-consuming self created, by whom, and in whose interests?

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The Freud dynasty is at the heart of this compelling social history. Sigmund Freud, founder of psychoanalysis; Edward Bernays, who invented public relations; Anna Freud, Sigmund’s devoted daughter; and present-day PR guru and Sigmund’s great grandson, Matthew Freud.

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Sigmund Freud’s work into the bubbling and murky world of the subconscious changed the world. By introducing a technique to probe the unconscious mind, Freud provided useful tools for understanding the secret desires of the masses. Unwittingly, his work served as the precursor to a world full of political spin doctors, marketing moguls, and society’s belief that the pursuit of satisfaction and happiness is man’s ultimate goal.

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The videos from Episode Two, “The Engineering of Consent,” are below. Here is the BBC‘s overview:

The programme explores how those in power in post-war America used Freud’s ideas about the unconscious mind to try and control the masses.

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Politicians and planners came to believe Freud’s underlying premise – that deep within all human beings were dangerous and irrational desires and fears. They were convinced that it was the unleashing of these instincts that had led to the barbarism of Nazi Germany. To stop it ever happening again they set out to find ways to control this hidden enemy within the human mind.

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Sigmund Freud’s daughter, Anna, and his nephew, Edward Bernays, provided the centrepiece philosophy. The US government, big business, and the CIA used their ideas to develop techniques to manage and control the minds of the American people. But this was not a cynical exercise in manipulation. Those in power believed that the only way to make democracy work and create a stable society was to repress the savage barbarism that lurked just under the surface of normal American life.

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It was the start of the all-consuming self which has come to dominate today’s world.

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Part I of this series is here.

For a sample of related Situationist posts, see “Hey Dove! Talk to YOUR parent!,” “Deep Capture – Part IX,” “McDonalds tastes better than McDonalds, if it’s packaged right,” “Industry-Funded Research,” “Captured Science.”

Posted in Choice Myth, Deep Capture, Ideology, Public Policy, Public Relations, Video | Tagged: , , , , , | 2 Comments »

The Situation of Scientific Consensus

Posted by The Situationist Staff on February 15, 2010

Situationist Contributor Dan Kahan, Hank Jenkins-Smith, and Donald Braman, have just posted another fascinating paper, “Cultural Cognition of Scientific Consensus” on SSRN.  Here’s the abstract.

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Why do members of the public disagree – sharply and persistently – about facts on which expert scientists largely agree? We designed a study to test a distinctive explanation: the cultural cognition of scientific consensus. The “cultural cognition of risk” refers to the tendency of individuals to form risk perceptions that are congenial to their values. The study presents both correlational and experimental evidence confirming that cultural cognition shapes individuals’ beliefs about the existence of scientific consensus, and the process by which they form such beliefs, relating to climate change, the disposal of nuclear wastes, and the effect of permitting concealed possession of handguns. The implications of this dynamic for science communication and public policy-making are discussed.

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You can download the paper for free here.  For a sample of related Situationist posts, see “The Broader Situation: A Case Study of Cop Car Cameras,” Whose Eyes are You Going to Believe?,” Dan Kahan on the Situation of Risk Perceptions,” Cultural Cognition as a Conception of the Cultural Theory of Risk,” To still more  Situationist posts discussing cultural cognition, click here.

Posted in Abstracts, Cultural Cognition, Education, Ideology, Legal Theory, Politics, Public Policy, Situationist Contributors | Tagged: , , , , | 3 Comments »

The Century of Dipositionism – Part I

Posted by The Situationist Staff on February 13, 2010

From Wikipedia:

Sigmund Freud, the founder of psychoanalysis, changed the perception of the human mind and its workings. His influence on the twentieth century is generally considered profound. The series describes the ways public relations and politicians have utilized Freud’s theories during the last 100 years for the “engineering of consent.”

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Freud himself and his nephew Edward Bernays, who was the first to use psychological techniques in public relations, are discussed. Freud’s daughter Anna Freud, a pioneer of child psychology, is mentioned in the second part, as is one of the main opponents of Freud’s theories, Wilhelm Reich, in the third part.

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Along these general themes, The Century of the Self asks deeper questions about the roots and methods of modern consumerism, representative democracy and its implications. It also questions the modern way we see ourselves, the attitude to fashion and superficiality.

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The business and, increasingly, the political world uses psychological techniques to read and fulfill our desires, to make their products or speeches as pleasing as possible to us. Curtis raises the question of the intentions and roots of this fact. Where once the political process was about engaging people’s rational, conscious minds, as well as facilitating their needs as a society, the documentary shows how by employing the tactics of psychoanalysis, politicians appeal to irrational, primitive impulses that have little apparent bearing on issues outside of the narrow self-interest of a consumer population. He cites Paul Mazer, a Wall Street banker working for Lehman Brothers in the 1930s: “We must shift America from a needs- to a desires-culture. People must be trained to desire, to want new things, even before the old have been entirely consumed. [...] Man’s desires must overshadow his needs.”

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The videos from Episode One, “Happiness Machines,” are below.  Here is the BBC‘s overview:

The story of the relationship between Sigmund Freud and his American nephew, Edward Bernays. Bernays invented the public relations profession in the 1920s and was the first person to take Freud’s ideas to manipulate the masses. He showed American corporations how they could make people want things they didn’t need by systematically linking mass-produced goods to their unconscious desires.
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Bernays was one of the main architects of the modern techniques of mass-consumer persuasion, using every trick in the book, from celebrity endorsement and outrageous PR stunts, to eroticising the motorcar.

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His most notorious coup was breaking the taboo on women smoking by persuading them that cigarettes were a symbol of independence and freedom. But Bernays was convinced that this was more than just a way of selling consumer goods. It was a new political idea of how to control the masses. By satisfying the inner irrational desires that his uncle had identified, people could be made happy and thus docile.

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It was the start of the all-consuming self which has come to dominate today’s world.

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For a sample of related Situationist posts, see “Hey Dove! Talk to YOUR parent!,” “Deep Capture – Part IX,” “McDonalds tastes better than McDonalds, if it’s packaged right,” “Industry-Funded Research,” “Captured Science.”

Posted in Deep Capture, History, Marketing, Politics, Public Policy, Public Relations, Video | Tagged: , , , | 5 Comments »

Our Stake in Corporate Behavior

Posted by The Situationist Staff on January 23, 2010

Situationist Contributor David Yosifon published a thoughtful and timely op-ed,  in yesterday’s San Francisco Chronicle. Here are some excerpts.

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Corporations are crucial institutions in our society. Consumers rely on them for everything from the basic provisions of food and clothing to the more dispensable delights of computers and cell phones. Workers rely on them for jobs. Communities need them for a tax base. Shareholders rely on them for profits that fund retirement, or entrepreneurial activity.

We all have a stake in effective corporate operations. Yet corporate directors are not required, indeed are not allowed, to put the interests of any party above shareholders in their decision making.

Now the Supreme Court has declared that the First Amendment forbids us from restricting corporate spending on political campaigns. If we cannot restrain corporations from influencing our democracy, then we must have more democracy in the management of our corporations. Directors of publicly traded corporations should be required to become informed about and to deliberate on the interests of all corporate stakeholders, not just shareholders.

The idea that we all have a stake in corporate behavior might seem at odds with the current “shareholder primacy” rule in corporate governance. But it could make sense. Most shareholders are highly diversified, with small investments in a large number of funds or corporations spread across the country and the world. The profit-maximization rule provides shareholders sufficient repose to invest their money at such a distance and with so little say in corporate decisions. Workers, on the other hand, can negotiate and monitor their wages and working conditions directly, or through unions. Consumers can manage their corporate interests at the cash register – they can buy at the offered price or walk away.

But corporations are often more powerful than workers or consumers. Firms can skimp on safety, for example, in ways that are difficult to observe – think asbestos in the factory or trans fats in the fries. Sure, sometimes the socially responsible corporate policy is also the most profitable – as when safer products attract more consumers. But it is naive to think that shareholder interests are always aligned with the rest of society. For a long time policymakers have argued that even where society is vulnerable to corporate overreaching, corporate boards should still focus on shareholder interests. We should rely, the story goes, on external government regulation – such as workplace safety, consumer protection or antipollution statutes – to safeguard social interests.

This approach assumes that government will be capable of developing regulations sufficient to constrain corporate misconduct. But corporations have the incentive and power to stunt such efforts. Firms accomplish this in part through lobbying, donations and direct spending in support of candidates. Because of their wealth, corporations can routinely best other constituencies in the competition for regulatory favor. This problem will only intensify with the new Supreme Court ruling.

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You can read the op-ed in its entirety here.

For a sample of related Situationist posts, see “Taking the Situation of Consumers Seriously,” “Against Freedom of Commercial Expression – Abstract,” “Merchants of Discontent – Abstract,” “The Changing Face of Marketing?,” Reclaiming Corporate Law in a New Gilded Age – Abstract,” “The Situation of Illusion,” “Hey Dove! Talk to YOUR parent!,” “The Situation of Our Food – Part II,” The Situation of Our Food – Part III,” “The Changing Face of Marketing?,” “The Illusion of Wall Street Reform,” “Reclaiming Corporate Law in a New Gilded Age – Abstract,” “Deep Capture – Part VI,” and “Deep Capture – Part VII.”

Posted in Deep Capture, Politics, Public Policy, Situationist Contributors | Tagged: , , | 1 Comment »

Global Climate Change and The Situation of Denial

Posted by The Situationist Staff on January 11, 2010

Situationist Contributor John T. Jost together with Irina Feygina and Rachel E. Goldsmith have recently completed a fascinating article examining the motivations behind some people’s unwillingness to take climate change seriously.  The article, titled “System Justification, the Denial of Global Warming, and the Possibility of ‘System-Sanctioned Change’” will be published later this year in Personality and Social Psychology Bulletin. Here’s the abstract.

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Despite extensive evidence of climate change and environmental destruction, polls continue to reveal widespread denial and resistance to helping the environment. It is posited here that these responses are linked to the motivational tendency to defend and justify the societal status quo in the face of the threat posed by environmental problems. The present research finds that system justification tendencies are associated with greater denial of environmental realities and less commitment to pro-environmental action. Moreover, the effects of political conservatism, national identification, and gender on denial of environmental problems are explained by variability in system justification tendencies. However, this research finds that it is possible to eliminate the negative effect of system justification on environmentalism by encouraging people to regard pro-environmental change as patriotic and consistent with protecting the status quo (i.e., as a case of “system-sanctioned change”). Theoretical and practical implications of these findings are discussed.

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For the NYU Alumni Magazine,  Sharon Tregaskis and Jason Hollander recently wrote a piece, titled “Why We Put Environmental Time Bomb on the Backburner,” in which she discusses that article.  Here are some excerpts.

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Imagine a mammoth meteor blazing toward Earth. When it will arrive and whether it will hit directly is debatable, but scientists are unanimous on one thing—it’s coming. And they’re trying desperately to motivate everyone to take action before it’s too late.

While this scenario is science fiction, a similar danger—just as daunting and apocalyptic—is on the horizon. Researchers now almost universally believe that catastrophic climate change, caused primarily by carbon dioxide emissions, is more a matter of “when,” rather than “if.” NASA climate scientist James Hansen predicts that we have perhaps a decade to halt our runaway greenhouse gases, otherwise we will guarantee for our children a fundamentally different planet—one where sea ice no longer blankets the Arctic, where storms relentlessly buffet coastal communities, and conflicts over scarce fresh water and shifting climactic zones rock international relations. And yet global carbon emissions are rising at unprecedented rates, and Americans are expected to produce ever-greater volumes of carbon dioxide in coming years.

Our inaction, in part, boils down to how we think. As with the meteor hurtling in our direction from millions of miles away, the science for measuring climate change and its future effects is complicated, and so far most evidence comes from distant, barely habited places. We, and our leaders, are easily distracted by closer issues—war, terrorism, disease, race relations, economic distress. “People get motivated with near-term dangers, but this is different,” says Tyler Volk (GSAS ’82, ’84), a biologist and core faculty member in NYU’s new environmental studies program. “It’s not like the Hudson River is suddenly full of mercury and everyone is threatened.”

As individuals, we may not deny the mounting evidence of global climate change, but we do harbor an inherent desire to keep our minds on other things. In his 1974 Pulitzer prize-winning book The Denial of Death, social scientist Ernest Becker argued that “the essence of normality is the refusal of reality,” echoing Freud who believed repression to be our natural self-protection. In order to tolerate all sorts of inequities, we will often support or rationalize the status quo even when it contradicts our own self-interest, says NYU social psychologist John Jost, who calls this phenomenon “system justification theory.”

Last spring, Jost collaborated with graduate student Irina Feygina (GSAS ’10) and Mount Sinai Hospital psychologist Rachel Goldsmith to investigate how system justification theory interacts with environmental attitudes. Among their findings: Most people who believe that society is generally fair are also skeptical about the forecasted climate crisis. “There are psychological obstacles to creating real, lasting change,” Jost says, “in addition to all of the scientific, technical, economic, and political obstacles.” Because of this, he notes, denial is far easier and more convenient than supporting a carbon tax, paying more for high-efficiency technology, or giving up cheap goods shipped through elaborate, fuel-guzzling supply chains.

Even so, denial is getting harder, as scientists gain an increasingly nuanced understanding of the mechanics—and the consequences—of climate change. . . .

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This public conversation is slowly trickling up to policy makers. In April, a cadre of retired U.S. generals and admirals offered the chilling statement that climate change was a “a threat multiplier” for global security and the fight against terrorism, as it will further destabilize desperate regions in the Middle East, Africa, and Asia. Even George W. Bush, who rejected the Kyoto climate accord in 2001, for the first time acknowledged global climate change in last winter’s State of the Union address. “The problem is, among other things, ideological,” Jost says, “and it needs to be addressed at that level, as well as at other, more technological levels.”

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[T]he momentum seems to be growing, says philosopher and director of environmental studies Dale Jamieson, who sees a parallel between the climate campaign and the Civil Rights Movement or widespread efforts to enact smoking bans, where over time, a moral and personal imperative emerged. “There’s no way of addressing this unless people come to see it as an ethical issue that changes what they see as right and wrong, how they live, and what kind of world they’re going to leave to their children,” says Jamieson, adding, “The question [remains] whether we’re going to act, and whether it will be meaningful.”

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To read the entire essay, click here.  To read a sample of related Situationist posts, see “John Jost Speaks about His Own Research,” “The Situation of Climate Change,” “Getting a Grip on Climate Change,” “Juliet Schor, ‘Colossal Failure: The Output Bias of Market Economies’,” “Denial,” The Need for a Situationist Morality,” “The Heat is On,” “Captured Science,” and Jeffrey Sachs on Our Situation – Part I, Part II, Part III, Part IV, and, particularly, Part V.”

Posted in Abstracts, Ideology, Politics, Public Policy, Situationist Contributors, Social Psychology, System Legitimacy | Tagged: , , , , , | Leave a Comment »

Juliet Schor, “Colossal Failure: The Output Bias of Market Economies”

Posted by The Situationist Staff on December 23, 2009

With the disappointing Copenhagen Climate Summit just behind us and with the most consumption-heavy holiday before us, there is no better time to hear Juliet’s Schor’s analysis of, and insights regarding, how we are living and what we might do differently.

Juliet Schor is Professor of Sociology at Boston College. Before joining Boston College, she taught at Harvard University for 17 years, in the Department of Economics and the Committee on Degrees in Women’s Studies. Schor’s latest book is Born to Buy: The Commercialized Child and the New Consumer Culture (2004). Born to Buy is both an account of marketing to children from inside the agencies and firms and an assessment of how these activities are affecting children.

Schor is author of the national best-seller, The Overworked American: The Unexpected Decline of Leisure (1992) and The Overspent American: Why We Want What We Don’t Need. Schor is also the author of Do Americans Shop Too Much? (2000), co-editor of Consumer Society: A Reader (The New Press 2000) and co-editor of Sustainable Planet: Solutions for the Twenty-first Century (2002). She is currently working on issues of environmental sustainability and their relation to Americans’ lifestyles.

At the third annual conference on Law and Mind Sciences, which took place im March of 2009, Professor Schor’s remarkable  presentation was titled “Colossal Failure: The Output Bias of Market Economies.“  Here’s the abstract:

Mainstream economic theory claims that a competitive market equilibrium delivers optimal levels of consumption and well-being. The reasoning relies on a number of invalid assumptions, including the crucial premise that individuals’ preference structures are independent. If consumption is social, as considerable social science research shows, then the market delivers excessive levels of consumption, too many hours of work, and too much ecological degradation. (This is in addition to the well-known argument that ecological goods are externalities.) In this talk I discuss the implications of what has become a profound market failure, and how we can rectify it.

You can watch her presentation on the three (roughly 9-minute) videos below.

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For more information about the Project on Law and Mind Sciences, click here.  For a sample of related Situationist posts, see “Juliet Schor on the Situation of Consumption,” “Economist Stephen Marglin Thinking about Thinking Like an Economist” and Jeffrey Sachs on Our Situation – Part I, Part II, Part III, Part IV, and Part V.”

Posted in Abstracts, Distribution, Life, Public Policy | Tagged: , , | 3 Comments »

 
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