Laws of Fear :Beyond the Precautionary Principle ( The Seeley Lectures )

Publication subTitle :Beyond the Precautionary Principle

Publication series :The Seeley Lectures

Author: Cass R. Sunstein  

Publisher: Cambridge University Press‎

Publication year: 2005

E-ISBN: 9780511110245

P-ISBN(Paperback): 9780521848237

Subject: C912.6 Social psychology and social behavior

Keyword: 政治理论

Language: ENG

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Laws of Fear

Description

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.

Chapter

CHAPTER 1 Precautions and Paralysis

THE PRECAUTIONARY PRINCIPLE

WEAK AND STRONG

PRECAUTION IN PRACTICE: A QUICK GLANCE AT EUROPE

SAFE AND SORRY?

WHY THE PRECAUTIONARY PRINCIPLE IS PARALYZING

CHAPTER 2 Behind the Precautionary Principle

THE AVAILABILITY HEURISTIC

PROBABILITY NEGLECT

LOSS AVERSION AND FAMILIARITY

THE (MYTHICAL?) BENEVOLENCE OF NATURE

SYSTEM NEGLECT

REJOINDERS AND SALUTARY GOALS

Distribution

Biases

Democracy

Rights

False negatives and false positives

REJOINDERS AND REFINEMENTS

Balancing, risk aversion, and insurance: certain costs vs. uncertain benefits

Irreversible losses, options, and two types of error

Risk, uncertainty, and ignorance

TOWARD WIDER VIEWSCREENS

CHAPTER 3 Worst-Case Scenarios

COGNITION

EMOTION

PROBABILITY NEGLECT: THE BASIC PHENOMENON

SAFE OR UNSAFE? OF HRESHOLDS AND CERTAINTY

A SIMPLE DEMONSTRATION

A MORE COMPLEX DEMONSTRATION

OTHER EVIDENCE

PROBABILITY NEGLECT, "RIVAL RATIONALITY," AND DUAL PROCESSING

NOTES ON THE MEDIA AND ON HETEROGENEITY

CHAPTER 4 Fear as Wildfire

SNIPERS

CASCADES

GROUP POLARIZATION

Persuasive arguments

Social comparison

Confidence breeds extremism

Emotional contagion

MEDIA, INTEREST GROUPS, AND POLITICIANS

PREDISPOSITIONS

PART II Solutions

CHAPTER 5 Reconstructing the Precautionary Principle – and Managing Fear

CATASTROPHE

IRREVERSIBLE HARMS: AN AMBIVALENT NOTE

MARGINS OF SAFETY

THE ANALYTICS OF PRECAUTION

MANAGING FEAR AND DISCLOSURE REQUIREMENTS

HEIGHTENING FEAR?

TECHNOCRATS AND POPULISTS

CHAPTER 6 Costs and Benefits

THE REAL WORLD OF COST-BENEFIT ANALYSIS: WHAT AGENCIES DO AND WHY

RISKS

Data

Practice and voluntariness

PERSONS

THEORY AND PRACTICE

CHAPTER 7 Democracy, Rights, and Distribution

EASY CASES

OBJECTIONS

Adaptive preferences, deprivation, and "miswanting"

Inadequate information and bounded rationality

Rights

Democracy vs. markets

Very low probabilities and catastrophic risks

Third party effects

DEMOGRAPHIC DIFFERENCES, INTERNATIONAL DIFFERENCES

Rich and poor

Rich countries, poor countries

Abstract values?

VSL in poor countries

HARDER CASES: DISTRIBUTION AND WELFARE

HARDER CASES AS EASY ONES?

GLOBAL WARMING

CHAPTER 8 Libertarian Paternalism

OF SAVINGS AND CHOICES

THE RATIONALITY OF CHOICES

IS PATERNALISM INEVITABLE?

GOVERNMENT

Default rules

Anchors

Framing

WHY EFFECTS ON CHOICE CAN BE HARD TO AVOID

Suggestion

Inertia

Endowment effect

Ill-formed preferences

THE INEVITABILITY OF PATERNALISM

BEYOND THE INEVITABLE (BUT STILL LIBERTARIAN)

ILLUSTRATIONS AND GENERALIZATIONS

Labor and employment law

Consumer protection

Generalizations

OBJECTIONS

WELFARE, CHOICE, AND FEAR

CHAPTER 9 Fear and Liberty

BAD BALANCING: A SIMPLE ACCOUNT

WORSE BALANCING: SELECTIVE RESTRICTIONS

TRADEOFF NEGLECT AND LIBERTY

PROTECTING LIBERTY

THE PRINCIPLE OF CLEAR STATEMENT

SPECIAL SCRUTINY OF SELECTIVE DENIALS OF LIBERTY

BALANCING AND SECOND-ORDER BALANCING

FEAR AND FREEDOM

A Concluding Note: Fear and Folly

Index

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