Guilt is a powerful emotion that is known to influence ethical decision-making. Nevertheless, the role of guilt cognitions in influencing restorative behaviour following an unethical action is not well understood. Guilt cognitions are interrelated beliefs about an individual’s role in a negative event. We experimentally investigate the joint impact of three guilt cognitions—responsibility for a decision, justification for a decision, and foreseeability of consequences—on a taxpayer’s decision to make a tax amnesty disclosure. Tax amnesties encourage delinquent taxpayers to self-correct to (...) avoid severe penalties that would result if their tax evasion were discovered. Our findings suggest a three-way interaction effect such that taxpayers are likely to make tax amnesty disclosures when they foresee that they will be caught by the tax authority, unless they can diffuse responsibility for their evasion and justify their evasion. Implications for tax policy and tax professionals are discussed. (shrink)

In recent years, 'nudge units' or 'behavioral insights teams' have been created in the United States, the United Kingdom, Germany, and other nations. All over the world, public officials are using the behavioral sciences to protect the environment, promote employment and economic growth, reduce poverty, and increase national security. In this book, Cass R. Sunstein, the eminent legal scholar and best-selling co-author of Nudge, breaks new ground with a deep yet highly readable investigation into the ethical issues surrounding nudges, (...) choice architecture, and mandates, addressing such issues as welfare, autonomy, self-government, dignity, manipulation, and the constraints and responsibilities of an ethical state. Complementing the ethical discussion, The Ethics of Influence: Government in the Age of Behavioral Science contains a wealth of new data on people's attitudes towards a broad range of nudges, choice architecture, and mandates. (shrink)

In recent years, a distinction between two concepts of equality has been much discussed: 'distributive’ equality involves people having equal amounts of a good such as welfare or resources, and ‘social’ or ‘relational’ equality involves the absence of social hierarchy and the presence of equal social relations. This contrast is commonly thought to have important implications for our understanding of the relationship between equality and justice. But the nature and significance of the distinction is far from clear. I examine several (...) accounts of this issue and argue none are entirely satisfactory. In turn, I offer an alternative proposal. Relational equality, on my account, involves a concern with each person having an equal 'civic status'. I characterize this concern and show it has distinctive and normatively significant positional and temporal aspects. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume 30, Number 1, April 2004, pp. 51-85 Scratched Fingers, Ruined Lives, and Acknowledged Lesser Goods CASS WELLER It is not contrary to reason to prefer the destruction of the whole world to the scratching of my finger. It is not contrary to reason for me to choose my total ruin, to prevent the least uneasiness of an Indian, or person wholly unknown to me. It (...) is as little contrary to reason to prefer even my own acknowledged lesser good to my greater, and have a more ardent affection for the former than the latter. (T 2.3.3.6; SBN 416)1 Everyone is familiar with the cases Hume parades in this passage when he dramatically displays just how far one's preferences and other passions can go without being contrary to reason. His general point is tediously clear. Whatever failing there is in one who prefers the destruction of the world to the scratching of his finger or chooses his total ruin to prevent the least uneasiness of a person wholly unknown to him, it is not a failing of reason, unless this preference and choice involve false suppositions of fact, existence, or mathematics. But they do not according to Hume. So they are not contrary to reason. At the same time, anyone who is given to worrying and fretting over the text will be initially somewhat at a loss to explain in any further detail the nature of the phenomena Hume flaunts as not flouting reason and how they relate to one another. For example, is the notion of preference at work that of a settled judgment of value or that of a blind impulse to be understood only in terms of strength of desire? Is the character Hume inhabits in the first person one who simply finds himself with a blind urge to keep his finger scratch-free or one who Cass Weiler is Associate Professor of Philosophy, University of Washington, Seattle, WA 98195, USA. e-mail: [email protected] 52 Cass Weller has a settled policy of keeping his finger scratch-free viewed as more valuable than anything else. Is preferring my lesser good to my acknowledged greater good the practical counterpart of self-consciously believing that Ï• and not p? Or is it, rather, a common form of weakness? And if so, how is it related to the two previous cases? Although most discussions of Hume's views on practical reason refer to this passage, I know of no extended discussion of the three notorious cases.2 This is no doubt due in part to the fact that the details do not really matter for understanding the main point. A mental state not involving a false belief of experience or a priori reason cannot be contrary to reason.3 Nevertheless, I think it is a good idea to try and figure out just what Hume is saying and that by digging right here we may hope to uncover important aspects of Hume's theory of evaluation, motive, and reason. The task is to get a more detailed view of Hume's own theoretical understanding of the preferences and choices he exhibits as not contrary to reason, in particular whether a preference is an evaluative attitude, and how it may conflict with an acknowledged interest. To this end we will have to go beyond what is adequate for a reader's understanding of the preferences in their narrow rhetorical context. Hume himself invites the reader, inadvertently or not, to look for the wider Humean explanation of preferring one's acknowledged lesser good to the greater by deploying the analogy of a one pound weight's raising a hundred through the advantage of its situation. This idea connects with other passages in the Treatise, as we shall see, in particular with Hume's discussion of the preference for the contiguous over the remote at T 3.2.7 (SBN 534-9). With a clearer view of Hume's understanding of the preferences we will be in a better position to ask about the sort of criticism persons with such preferences are subject to. And, to tip my hand, we will see that Hume... (shrink)

Several philosophers argue for the ‘convergence thesis’ for positional goods: prioritarians, sufficientarians, and egalitarians may converge on favouring an equal (or not too unequal) distribution of goods that have positional aspects. I discuss some problems for this thesis when applied to two key goods for which it has been proposed: education and wealth. I show, however, that there is a variant of the thesis that avoids these problems. This version of the thesis is significant, I demonstrate, because it applies to (...) a person’s status as a citizen, which I suggest is the central concern of social or ‘relational’ egalitarianism. (shrink)

With respect to questions of fact, people use heuristics – mental short-cuts, or rules of thumb, that generally work well, but that also lead to systematic errors. People use moral heuristics too – moral short-cuts, or rules of thumb, that lead to mistaken and even absurd moral judgments. These judgments are highly relevant not only to morality, but to law and politics as well. Examples are given from a number of domains, including risk regulation, punishment, reproduction and sexuality, and the (...) act/omission distinction. In all of these contexts, rapid, intuitive judgments make a great deal of sense, but sometimes produce moral mistakes that are replicated in law and policy. One implication is that moral assessments ought not to be made by appealing to intuitions about exotic cases and problems; those intuitions are particularly unlikely to be reliable. Another implication is that some deeply held moral judgments are unsound if they are products of moral heuristics. The idea of error-prone heuristics is especially controversial in the moral domain, where agreement on the correct answer may be hard to elicit; but in many contexts, heuristics are at work and they do real damage. Moral framing effects, including those in the context of obligations to future generations, are also discussed. (shrink)

_ Source: _Volume 10, Issue 3, pp 433 - 440 Historical explanations are a form of counterfactual history. To offer an explanation of what happened, historians have to identify causes, and whenever they identify causes, they immediately conjure up a counterfactual history, a parallel world. No one doubts that there is a great deal of distance between science fiction novelists and the world’s great historians, but along an important dimension, they are playing the same game.

Cass Sunstein and Martha Nussbaum bring together an all-star cast of contributors to explore the legal and political issues that underlie the campaign for animal rights and the opposition to it. Addressing ethical questions about ownership, protection against unjustified suffering, and the ability of animals to make their own choices free from human control, the authors offer numerous different perspectives on animal rights and animal welfare. They show that whatever one's ultimate conclusions, the relationship between human beings and nonhuman (...) animals is being fundamentally rethought. This book offers a state-of-the-art treatment of that rethinking. (shrink)

This essay has three general themes. The first involves the claim that nudging threatens human agency. My basic response is that human agency is fully retained (because nudges do not compromise freedom of choice) and that agency is always exercised in the context of some kind of choice architecture. The second theme involves the importance of having a sufficiently capacious sense of the category of nudges, and a full appreciation of the differences among them. Some nudges either enlist or combat (...) behavioral biases but others do not, and even among those that do enlist or combat such biases, there are significant differences. The third general theme is the need to bring various concerns (including ethical ones) in close contact with particular examples. A legitimate point about default rules may not apply to warnings or reminders. An ethical objection to the use of social norms may not apply to information disclosure. Here as elsewhere, abstraction can be a trap. We continue to learn about the relevant ethical issues, about likely public reactions to nudging, and about differences across cultures and nations. Future progress will depend on a high level of concreteness, perhaps especially in dealing with the vexing problem of time-inconsistency. (shrink)

Many millions of people hold conspiracy theories; they believe that powerful people have worked together in order to withhold the truth about some important practice or some terrible event. A recent example is the belief, widespread in some parts of the world, that the attacks of 9/11 were carried out not by Al Qaeda, but by Israel or the United States. Those who subscribe to conspiracy theories may create serious risks, including risks of violence, and the existence of such theories (...) raises significant challenges for policy and law. The first challenge is to understand the mechanisms by which conspiracy theories prosper; the second challenge is to understand how such theories might be undermined. Such theories typically spread as a result of identifiable cognitive blunders, operating in conjunction with informational and reputational influences. A distinctive feature of conspiracy theories is their self-sealing quality. Conspiracy theorists are not likely to be persuaded by an attempt to dispel their theories; they may even characterize that very attempt as further proof of the conspiracy. Because those who hold conspiracy theories typically suffer from a crippled epistemology, in accordance with which it is rational to hold such theories, the best response consists in cognitive infiltration of extremist groups. Various policy dilemmas, such as the question whether it is better for government to rebut conspiracy theories or to ignore them, are explored in this light. (shrink)

What is the relationship between fear, danger, and the law? Cass Sunstein attacks the increasingly influential Precautionary Principle - the idea that regulators should take steps to protect against potential harms, even if causal chains are uncertain and even if we do not know that harms are likely to come to fruition. Focusing on such problems as global warming, terrorism, DDT, and genetic engineering, Professor Sunstein argues that the Precautionary Principle is incoherent. Risks exist on all sides of social (...) situations, and precautionary steps create dangers of their own. Diverse cultures focus on very different risks, often because social influences and peer pressures accentuate some fears and reduce others. Instead of adopting the Precautionary Principle, Professor Sunstein argues for three steps: a narrow Anti-Catastrophe Principle, designed for the most serious risks; close attention to costs and benefits; and an approach called 'libertarian paternalism', designed to respect freedom of choice while also moving people in directions that will make their lives go better. He also shows how free societies can protect liberty amidst fears about terrorism and national security. Laws of Fear represents a major statement from one of the most influential political and legal theorists writing today. (shrink)

This is a compelling if sober set of questions from America's foremost legal scholar."--Lawrence Lessig, Stanford University.

Hermeneutic theory and the study of Jewish theology : toward a new model of Jewish theological language -- Jewish theology as a religious and doxastic practice -- Forms of theological language in Mekhilta of Rabbi Ishmael -- Forms of theological language in Franz Rosenzweig's The star of redemption.

Purpose – The purpose of this article is to provide a commentary to the conceptual article by Norberto Patrignani and Diane Whitehouse, The Clean Side of Slow Tech. This article explores what can be easily overlooked in Information Communication Technology : the uncomfortable truth relating to the production, use and disposal of modern communication technology. Design/methodology/approach – In it, the author picks up on the main ideas that were argued, specifically that there is a need to take a closer look (...) at the production, use and disposal of modern communication technology. Findings – Connecting resource production, use and disposal and its affect on climate change will require those who are in the position to make changes to come up with solutions that also consider values, beliefs and norms that lead to particular types of behaviour. Research limitations/implications – ICT has had an enormous impact on people’s lives. However, there has been primarily focus on its life-accelerating attributes. Slowing down the process of production may open up possibilities for sustainable ICT development. Practical implications – The commentary, combined with Patrignani and Whitehouse’s paper may provide a resource for those responsible in training future ICT professionals. Social implications – If today’s society, and this includes users and producers of ICT, intends to go beyond the mere rhetoric about sustainability, individuals will need to take on a new kind of responsibility that covers the entire life cycle of technology. Originality/value – This commentary is intended to provide an additional viewpoint to the topic of sustainable ICT production. (shrink)

Our goal in this chapter is to draw on empirical work about preference formation and welfare to propose a distinctive form of paternalism, libertarian in spirit, one that should be acceptable to those who are firmly committed to freedom of choice on grounds of either autonomy or welfare. Indeed, we urge that a kind of ‘libertarian paternalism’ provides a basis for both understanding and rethinking many social practices, including those that deal with worker welfare, consumer protection, and the family.

Our ability to make choices is fundamental to our sense of ourselves as human beings, and essential to the political values of freedom-protecting nations. Whom we love; where we work; how we spend our time; what we buy; such choices define us in the eyes of ourselves and others, and much blood and ink has been spilt to establish and protect our rights to make them freely. Choice can also be a burden. Our cognitive capacity to research and make the (...) best decisions is limited, so every active choice comes at a cost. In modern life the requirement to make active choices can often be overwhelming. So, across broad areas of our lives, from health plans to energy suppliers, many of us choose not to choose. By following our default options, we save ourselves the costs of making active choices. By setting those options, governments and corporations dictate the outcomes for when we decide by default. This is among the most significant ways in which they effect social change, yet we are just beginning to understand the power and impact of default rules. Many central questions remain unanswered: When should governments set such defaults, and when should they insist on active choices? How should such defaults be made? What makes some defaults successful while others fail? Cass R. Sunstein has long been at the forefront of developing public policy and regulation to use government power to encourage people to make better decisions. In this major new book, Choosing Not to Choose, he presents his most complete argument yet for how we should understand the value of choice, and when and how we should enable people to choose not to choose. The onset of big data gives corporations and governments the power to make ever more sophisticated decisions on our behalf, defaulting us to buy the goods we predictably want, or vote for the parties and policies we predictably support. As consumers we are starting to embrace the benefits this can bring. But should we? What will be the long-term effects of limiting our active choices on our agency? And can such personalized defaults be imported from the marketplace to politics and the law? Confronting the challenging future of data-driven decision-making, Sunstein presents a manifesto for how personalized defaults should be used to enhance, rather than restrict, our freedom and well-being. (shrink)

Since America's founding, the U.S. Supreme Court had issued a vast number of decisions on a staggeringly wide variety of subjects. And hundreds of judges have occupied the bench. Yet as Cass R. Sunstein, the eminent legal scholar and bestselling co-author of Nudge, points out, almost every one of the Justices fits into a very small number of types regardless of ideology: the hero, the soldier, the minimalist, and the mute. Heroes are willing to invoke the Constitution to invalidate (...) state laws, federal legislation, and prior Court decisions. They loudly embrace first principles and are prone to flair, employing dramatic language to fundamentally reshape the law. Soldiers, on the other hand, are skeptical of judicial power, and typically defer to decisions made by the political branches. Minimalists favor small steps and only incremental change. They worry that bold reversals of long-established traditions may be counterproductive, producing a backlash that only leads to another reversal. Mutes would rather say nothing at all about the big constitutional issues, and instead tend to decide cases on narrow grounds or keep controversial cases out of the Court altogether by denying standing. As Sunstein shows, many of the most important constitutional debates are in fact contests between the four Personae. Whether the issue involves slavery, gender equality, same-sex marriage, executive power, surveillance, or freedom of speech, debates have turned on choices made among the four Personae--choices that derive as much from psychology as constitutional theory. Sunstein himself defends a form of minimalism, arguing that it is the best approach in a self-governing society of free people. More broadly, he casts a genuinely novel light on longstanding disputes over the proper way to interpret the constitution, demonstrating that behind virtually every decision and beneath all of the abstract theory lurk the four Personae. By emphasizing the centrality of character types, Sunstein forces us to rethink everything we know about how the Supreme Court works. (shrink)

Robert Crandall writes as if the regulatory state is a simple failure. In fact, however, from the economic point of view there have been many successes, in the form of regulations whose benefits exceed their costs. Moreover, economic criteria are inadequate for evaluating regulatory performance, since even well?aggregated private willingness to pay provides a poor basis for assessing government regulation. It is now necessary to move beyond sterile debates about whether regulation is desirable; nonregulation is not an option, since laissez (...) faire is itself a regulatory system. Democratic, economic, and constitutional criteria hold out the promise of much better regulatory tools, in the form of flexible incentives rather than rigid commands. (shrink)

The myth of original existence is a story told by many readers of Hume. According to it, the author of the Treatise argues that no passion is unreasonable or contrary to reason on the grounds that passions have no ingredient ideas, and, having no ingredient ideas, are in no position to disagree with or be contrary to the product of reason, belief. While Hume doesn't actually say that passions contain no ideas to provide them with their objects, he does say (...) that "a passion is an original existence... and contains not any representative quality, which renders it a copy of any other existence". I shall refer to the uninterpreted argument in this passage as The Argument. (shrink)

For multiple reasons, deliberating groups often converge on falsehood rather than truth. Individual errors may be amplifi ed rather than cured. Group members may fall victim to a bad cascade, either informational or reputational. Deliberators may emphasize shared information at the expense of uniquely held information. Finally, group polarization may lead even rational people to unjustifi ed extremism. By contrast, prediction markets often produce accurate results, because they create strong incentives for revelation of privately held knowledge and succeed in aggregating (...) widely dispersed information. The success of prediction markets off ers a set of lessons for increasing the likelihood that groups can obtain the information that their members have. (shrink)

In this paper, I argue that Hume accepts two claims. The first is that it is not possible for a human agent, having adopted an end, to remain committed to it, have it in view, and be indifferent to what he or she acknowledges as the proper means of realizing it, where indifference is the absence of a favoring attitude.1 The second is that, other things being equal, an agent who fails through weak resolve to take the acknowledged means to (...) an acknowledged end violates a norm of practical agency akin to Kant’s hypothetical imperative understood as a command to take the means—that is, to do what has the prospect of realizing the ends one happens to have adopted. I begin with the first claim because some.. (shrink)

In philosophy, economics, and law, the idea of voluntary agreements plays a central role. But contractarianism in political philosophy stands on altogether different grounds from enthusi...

Default rules, taken as such, do not intrude on autonomy, even if they influence people without persuading them. If default rules give people certain rights automatically (such as the right to free...

We are in the midst of a worldwide debate over whether there should be "more" or "less" government. As enthusiasm for free markets mounts - in both former Communist nations and in Western countries such as England and the United States - is it productive to attempt to solve problems through this "more/less" dichotomy?

Transparency is an underpinning of workplace ethics. However, most of the existing research has focused on the relationship between leader transparency and its consequences. Drawing on social and self-regulation theory research, we examine the antecedents of followers’ transparency. Specifically, we propose that followers have higher levels of transparency when they are working with peers who have a high level of transparency. We further suggest that followers’ conscientiousness and agreeableness moderate the relationship between peer transparency and followers’ transparency. Using a time-lagged (...) design, we provide support for the proposed theoretical model. We found that follower conscientiousness substitutes the social regulation effect, while follower agreeableness enhances this social regulation effect. Theoretical and practical implications of these findings are also discussed. (shrink)

This paper examines the following distinctive republican claims: (1) goodwill and virtuous self-restraint are insufficient to realize freedom; and (2) suitable law is constitutive of freedom. In the contemporary literature, these claims are commonly defended in connection with the conception of freedom as nondomination. This account, however, is often rejected on the grounds that freedom as nondomination is moralized and impossible to realize. In response, I propose that the point of protecting people from domination is better understood not as realizing (...) freedom, but instead as giving persons a civic status as equals. Giving persons a civic status as equals, I claim, realizes an important form of social or 'relational' equality, and I distinguish this aim from giving persons a 'status as nondominated’, as some republicans require. I argue that this account vindicates alternative claims about the insufficiency of goodwill and constitutive importance of suitable law—understood in terms of equality rather than freedom—while avoiding the moralization and impossibility objections. I conclude by suggesting some further advantages of the proposed account versus the standard republican view. (shrink)

How is constitution‐making possible, when people disagree on so many questions about what is good and what is right? The answer lies in the existence of incompletely theorized agreements–agreements on abstract formulations and on particular practices, amidst disagreement about the largest issues in social life. Such agreements help make constitutions and constitutional law possible, even within nations whose citizens cannot concur on the most fundamental matters. Incompletely theorized agreements thus help illuminate an enduring constitutional puzzle: how members of diverse societies (...) can work together on terms of mutual respect amidst intense disagreements about both the right and the good. (shrink)

The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political (...) Conflict, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people. (shrink)

Journal of Political Philosophy, EarlyView.

Keyt's analysis of the argument for the imperishability of the soul at _Phaedo (102a-107b10) as well as the author's Plato relies on a causal likeness inference, 'Because of x, F's are F; so x is F'. However, for Keyt the inference occurs at the metaphysical level, so to speak: 'because of some immanent character x, living things are alive so x is alive'. Here x is of the wrong logical type to be predicatively alive. On the author's view, however, the (...) inference occurs at a lower level: 'because of souls, first level individuals that are the subjects of psychological states, living things are alive; so souls are alive'. Here it is still logically possible that souls are predicatively alive. But Plato has not shown that they are. At most he has shown that souls, being predicatively whatever they are, are also by nature eminently alive in Descartes's sense, i.e., are predicatively whatever it takes for them to make living things live. (shrink)