Glenn, I'm curious about what your take will be on these insights about behavioral science/economics and the law, as applied in governing models written by legal philosopher and scholar Walter Berns.
The first 14 pages are sort of a game theory exercise for jurisprudence applying behavioral science/economics to decision-making. The otherwise confusing rulings of Justice John Roberts, inconsistent in legal philosophies as they are, come into focus if this is the model he's applying. It's noteworthy in this context to know that Justice Roberts cited a behavioral health publication, Health Affairs, in his ACA (Obamacare) ruling.
The final 14 pages are a more expansive discussion about a comprehensive behavioral science-based governing model, all aspects of it. It includes many cautions about leaning into the type of behavioral-science-informed decision-making that we have come to understand are front and center in much of global governance today, the application of which being turned up dramatically with the pandemic. With behavioral science "Nudge Units" ramped up a decade earlier in both the US and UK.
While I provide the other links as sort of footnote references for readers not familiar with the topic, I'm most interested in your take on the 28-page paper from the early-1960's, and how prescient (or not) you believe Berns' insights to be? And any other thoughts you'd like to share from reading the paper. I found it fascinating, your post reminded me of it sufficiently to share.
This is a field of study I have explored deeply since 2020, when the pandemic NPI leaned primarily into behavioral science-informed epidemiology, specifically the behavioral science of fear, and the ramifications on society ever since. And how the backfire effect of abusing behaviorism may play a significant role in the termination of the practice or more controls on its application to protect essential liberty and freedom. Thank you in advance.
Glenn, I'm curious about what your take will be on these insights about behavioral science/economics and the law, as applied in governing models written by legal philosopher and scholar Walter Berns.
Law and Behavioral Science, Walter Berns
Duke University School of Law, Winter 1963
https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2953&context=lcp
The first 14 pages are sort of a game theory exercise for jurisprudence applying behavioral science/economics to decision-making. The otherwise confusing rulings of Justice John Roberts, inconsistent in legal philosophies as they are, come into focus if this is the model he's applying. It's noteworthy in this context to know that Justice Roberts cited a behavioral health publication, Health Affairs, in his ACA (Obamacare) ruling.
https://www.healthaffairs.org/about
The final 14 pages are a more expansive discussion about a comprehensive behavioral science-based governing model, all aspects of it. It includes many cautions about leaning into the type of behavioral-science-informed decision-making that we have come to understand are front and center in much of global governance today, the application of which being turned up dramatically with the pandemic. With behavioral science "Nudge Units" ramped up a decade earlier in both the US and UK.
https://behavioralscientist.org/executive-order-formally-establishes-us-nudge-unit/
While I provide the other links as sort of footnote references for readers not familiar with the topic, I'm most interested in your take on the 28-page paper from the early-1960's, and how prescient (or not) you believe Berns' insights to be? And any other thoughts you'd like to share from reading the paper. I found it fascinating, your post reminded me of it sufficiently to share.
This is a field of study I have explored deeply since 2020, when the pandemic NPI leaned primarily into behavioral science-informed epidemiology, specifically the behavioral science of fear, and the ramifications on society ever since. And how the backfire effect of abusing behaviorism may play a significant role in the termination of the practice or more controls on its application to protect essential liberty and freedom. Thank you in advance.
https://web.archive.org/web/20210519003131/https://www.telegraph.co.uk/news/2021/05/14/scientists-admit-totalitarian-use-fear-control-behaviour-covid/