The Situationist

Posts Tagged ‘preferences’

The Situation of the Self

Posted by The Situationist Staff on June 28, 2012

Rebecca Hollander-Blumoff recently posted her intriguing article, “Law and the Stable Self”  (published in the St. Louis University Law Journal, Vol. 54, No. 1173, 2010) on SSRN.  Here is the abstract.

In this Article, I examine several findings in social psychology related to individuals’ preferences, and I explore how those findings subvert the Enlightenment vision of a stable and knowable self in ways that are quite relevant to law. I first explore one well-known finding in the cognitive bias literature, the status quo bias, and marshal some of the research suggesting ways in which this bias may affect individuals’ behavior vis-a-vis legal systems. Second, I discuss the potential ways in which temporal construal research-research on the way in which individuals see things differently depending on the time frame in which the events will occur-may relate to legal systems. Finally, I address how well some of the fundamental premises of our litigation system dovetail with psychological research on what individuals want. Our civil legal system is predicated on the recovery of money for harm done, but research suggests that money damages may be inadequate to meet some basic human desires.

Download the article for free here.

Sample of related Situationist posts:

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Posted in Abstracts, Law, Legal Theory, Social Psychology | Tagged: , , , , | Leave a Comment »

What Is Welfare? – Abstract

Posted by The Situationist Staff on June 4, 2009

Door to HappinessJohn Bronsteen, Christopher Buccafusco, and Jonathan Masur posted another interesting paper, “Welfare as Happiness,” on SSRN.  Here’s the abstract.

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In the fields of law, economics, and philosophy, the leading conception of human welfare is preference-satisfaction — getting what one wants. An important rival is an objective list approach to ethics — possessing an enumerated set of capabilities. This Article argues against both major views and in favor of a third, defining welfare as subjective well-being — feeling good. We reject the leading approach on the ground that preferences are often mistaken or else involve goals independent of the individual’s own welfare. When sophisticated preference-satisfaction theories launder out such preferences, those accounts reduce to our happiness-based approach. We reject objective list theories on the ground that they impose objective criteria, whereas an individual’s well-being is a purely subjective concept. How good a person’s life is for her cannot be judged by how well she satisfies someone else’s standards of virtue or flourishing. By contrast with these theories, our hedonic approach captures the ordinary understanding of what it means for someone to have well-being, and it stands up better to analytical challenges than do its rivals. As a result, we advocate that administrative agencies replace cost-benefit analysis (the tool of the preference-based approach) with well-being analysis. Groundbreaking new research in hedonic psychology makes this possible, and we discuss how it can be accomplished.

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You can download the paper for free here.  For more Situationist posts about some of those authors’ previous work, see  “Happiness and Punishment – Abstract,” and “The Situation of Civil Settlements – Abstract.”  To read other releated Situationist posts, see “Something to Smile About,” Happiness Rankings by Country,” “Miscalculating Welfare – Abstract,” and “Situating Emotion.”

Posted in Abstracts, Emotions, Legal Theory, Positive Psychology | Tagged: , , , , , | Leave a Comment »

 
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