Infected by Bias: Behavioral Science and the Legal Response to COVID-19.
Am J Law Med
; 47(2-3): 205-248, 2021 07.
Article
in English
| MEDLINE | ID: covidwho-1361583
Preprint
This scientific journal article is probably based on a previously available preprint. It has been identified through a machine matching algorithm, human confirmation is still pending.
See preprint
This scientific journal article is probably based on a previously available preprint. It has been identified through a machine matching algorithm, human confirmation is still pending.
See preprint
ABSTRACT
This Article presents the first comprehensive analysis of the contribution of behavioral science to the legal response to the COVID-19 pandemic. At the descriptive level, the Article shows how different psychological phenomena such as loss aversion and cultural cognition influenced the way policymakers and the public perceived the pandemic, and how such phenomena affected the design of laws and regulations responding to COVID-19. At the normative level, the Article compares nudges (i.e., choice-preserving, behaviorally informed tools that encourage people to behave as desired) and mandates (i.e., obligations backed by sanctions that dictate to people how they must behave). The Article argues that mandates rather than nudges should serve in most cases as the primary legal tool used to regulate behavior during a pandemic. Nonetheless, this Article highlights ways in which nudges can complement mandates.
Full text:
Available
Collection:
International databases
Database:
MEDLINE
Main subject:
Policy Making
/
Behavioral Sciences
/
Social Control Policies
/
Communicable Disease Control
/
COVID-19
Type of study:
Observational study
/
Prognostic study
/
Systematic review/Meta Analysis
Limits:
Humans
Language:
English
Journal:
Am J Law Med
Year:
2021
Document Type:
Article
Similar
MEDLINE
...
LILACS
LIS