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Cass R. Sunstein

Bio: Cass R. Sunstein is an academic researcher from Harvard University. The author has contributed to research in topics: Supreme court & Constitution. The author has an hindex of 117, co-authored 787 publications receiving 57639 citations. Previous affiliations of Cass R. Sunstein include Brigham Young University & Indiana University.


Papers
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Book ChapterDOI
01 Jan 2015
TL;DR: For example, the Harm Principle as mentioned in this paper states that people know what is in their best interests and should have a (manipulation-free) opportunity to make that decision, which is the central objection to manipulation.
Abstract: Both marketers and politicians are often accused of “manipulation”, but the term is far from self-defining. A statement or action can be said to be manipulative if it does not suciently engage or appeal to people’s capacity for reflective and deliberative choice. One problem with manipulation, thus understood, is that it fails to respect people’s autonomy and is an aront to their dignity. Another problem is that if they are products of manipulation, people’s choices might fail to promote their own welfare, and might instead promote the welfare of the manipulator. To that extent, the central objection to manipulation is rooted in a version of John Stuart Mill’s Harm Principle: People know what is in their best interests and should have a (manipulationfree) opportunity to make that decision. On welfarist grounds, the norm against manipulation can be seen as a kind of heuristic, one that generally works well, but that can also lead to serious errors, at least when the manipulator is both informed and genuinely interested in the welfare of the chooser. For politics and law, a pervasive puzzle is why manipulation is rarely policed. The simplest answer is that manipulation has so many shades, and in a social order that values-free markets and consumer sovereignty, it is exceptionally dicult to regulate manipulation as such. Those who sell products are often engaged in at least arguable forms of manipulation. But as the manipulator’s motives become more self-interested or venal, and as eorts to bypass people’s deliberative capacities become more successful, the ethical objections to manipulation may be very forceful, and the argument for a legal response is fortified. The analysis of manipulation bears on emerging free speech issues raised by compelled disclosure, especially in the context of graphic health warnings. It can also help orient the regulation of financial products, where manipulation of consumer choices is an evident but rarely explicit concern.

70 citations

Book
03 Aug 2018
TL;DR: Sunstein argues that government policy should not be based on public opinion, intuitions, or pressure from interest groups, but on numbers-meaning careful consideration of costs and benefits as mentioned in this paper.
Abstract: Why policies should be based on careful consideration of their costs and benefits rather than on intuition, popular opinion, interest groups, and anecdotes Opinions on government policies vary widely Some people feel passionately about the child obesity epidemic and support government regulation of sugary drinks Others argue that people should be able to eat and drink whatever they like Some people are alarmed about climate change and favor aggressive government intervention Others don't feel the need for any sort of climate regulation In The Cost-Benefit Revolution, Cass Sunstein argues our major disagreements really involve facts, not values It follows that government policy should not be based on public opinion, intuitions, or pressure from interest groups, but on numbers-meaning careful consideration of costs and benefits Will a policy save one life, or one thousand lives? Will it impose costs on consumers, and if so, will the costs be high or negligible? Will it hurt workers and small businesses, and, if so, precisely how much? As the Obama administration's "regulatory czar," Sunstein knows his subject in both theory and practice Drawing on behavioral economics and his well-known emphasis on "nudging," he celebrates the cost-benefit revolution in policy making, tracing its defining moments in the Reagan, Clinton, and Obama administrations (and pondering its uncertain future in the Trump administration) He acknowledges that public officials often lack information about costs and benefits, and outlines state-of-the-art techniques for acquiring that information Policies should make people's lives better Quantitative cost-benefit analysis, Sunstein argues, is the best available method for making this happen-even if, in the future, new measures of human well-being, also explored in this book, may be better still

70 citations

Journal ArticleDOI

69 citations

Journal Article
TL;DR: The academic study of law is particularly subject to cascade effects, as people follow signals that they participate in amplifying as discussed by the authors, and some of these effects run their course quickly, whereas others last a long time.
Abstract: Like everyone else, academics are susceptible to informational and reputational signals. Sometimes academics lack confidence in their methods and beliefs, and they pay a great deal of attention to the methods and beliefs of others. The academic study of law is particularly subject to cascade effects, as people follow signals that they participate in amplifying. Some of these effects run their course quickly, whereas others last a long time. Leaders can play a special role in starting and stopping cascades; external shocks play a special role in the academic study of law; sometimes like-minded people within academia move one another to extremes. This informal essay, the Foreword to the forthcoming annual book review issue of the Michigan Law Review, discusses these points in a tentative and impressionistic way, with brief comparisons to other fields.

68 citations

Journal ArticleDOI
TL;DR: The rise of behavioral economics has important implications for the study of government regulation as mentioned in this paper, and the endogeneity of preferences offers a large area for positive work in the area of environmental regulation.
Abstract: The rise of behavioral economics has important implications for the study of government regulation. Above all, the endogeneity of preferences offers a large area for positive work. Some environmental outcomes can be explained by status quo bias and the endowment effect. These phenomena help account for the asymmetry between old and new risks and the public antipathy toward strategies that create incentives to decrease use of automobiles. Both private and public behavior in the environmental context are an outgrowth of the fact that environmental preferences are endogenous to available opportunities, to shifting social norms, and to past acts of consumption.

67 citations


Cited by
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Christopher M. Bishop1
01 Jan 2006
TL;DR: Probability distributions of linear models for regression and classification are given in this article, along with a discussion of combining models and combining models in the context of machine learning and classification.
Abstract: Probability Distributions.- Linear Models for Regression.- Linear Models for Classification.- Neural Networks.- Kernel Methods.- Sparse Kernel Machines.- Graphical Models.- Mixture Models and EM.- Approximate Inference.- Sampling Methods.- Continuous Latent Variables.- Sequential Data.- Combining Models.

10,141 citations

Journal ArticleDOI
TL;DR: Interventions and policies to change behaviour can be usefully characterised by means of a BCW comprising: a 'behaviour system' at the hub, encircled by intervention functions and then by policy categories, and a new framework aimed at overcoming their limitations is developed.
Abstract: Improving the design and implementation of evidence-based practice depends on successful behaviour change interventions. This requires an appropriate method for characterising interventions and linking them to an analysis of the targeted behaviour. There exists a plethora of frameworks of behaviour change interventions, but it is not clear how well they serve this purpose. This paper evaluates these frameworks, and develops and evaluates a new framework aimed at overcoming their limitations. A systematic search of electronic databases and consultation with behaviour change experts were used to identify frameworks of behaviour change interventions. These were evaluated according to three criteria: comprehensiveness, coherence, and a clear link to an overarching model of behaviour. A new framework was developed to meet these criteria. The reliability with which it could be applied was examined in two domains of behaviour change: tobacco control and obesity. Nineteen frameworks were identified covering nine intervention functions and seven policy categories that could enable those interventions. None of the frameworks reviewed covered the full range of intervention functions or policies, and only a minority met the criteria of coherence or linkage to a model of behaviour. At the centre of a proposed new framework is a 'behaviour system' involving three essential conditions: capability, opportunity, and motivation (what we term the 'COM-B system'). This forms the hub of a 'behaviour change wheel' (BCW) around which are positioned the nine intervention functions aimed at addressing deficits in one or more of these conditions; around this are placed seven categories of policy that could enable those interventions to occur. The BCW was used reliably to characterise interventions within the English Department of Health's 2010 tobacco control strategy and the National Institute of Health and Clinical Excellence's guidance on reducing obesity. Interventions and policies to change behaviour can be usefully characterised by means of a BCW comprising: a 'behaviour system' at the hub, encircled by intervention functions and then by policy categories. Research is needed to establish how far the BCW can lead to more efficient design of effective interventions.

6,692 citations

Journal ArticleDOI
TL;DR: The authors argue that norms evolve in a three-stage "life cycle" of emergence, cascades, and internalization, and that each stage is governed by different motives, mechanisms, and behavioral logics.
Abstract: Norms have never been absent from the study of international politics, but the sweeping “ideational turn” in the 1980s and 1990s brought them back as a central theoretical concern in the field. Much theorizing about norms has focused on how they create social structure, standards of appropriateness, and stability in international politics. Recent empirical research on norms, in contrast, has examined their role in creating political change, but change processes have been less well-theorized. We induce from this research a variety of theoretical arguments and testable hypotheses about the role of norms in political change. We argue that norms evolve in a three-stage “life cycle” of emergence, “norm cascades,” and internalization, and that each stage is governed by different motives, mechanisms, and behavioral logics. We also highlight the rational and strategic nature of many social construction processes and argue that theoretical progress will only be made by placing attention on the connections between norms and rationality rather than by opposing the two.

5,761 citations

Posted Content
TL;DR: It is shown that emotional reactions to risky situations often diverge from cognitive assessments of those risks, and when such divergence occurs, emotional reactions often drive behavior.
Abstract: Virtually all current theories of choice under risk or uncertainty are cognitive and consequentialist. They assume that people assess the desirability and likelihood of possible outcomes of choice alternatives and integrate this information through some type of expectation-based calculus to arrive at decision. The authors propose an alternative theoretical perspective, the risk-as-feelings hypothesis, that highlights the role of affect experienced at the moment of decision making. Drawing on research from clinical, physiological, and other subfield of psychology, they show that emotional reactions to risky situations often drive behavior. The risk-as-feelings hypothesis is shown to explain a wide range of phenomena that have resisted interpretation in cognitive-consequentialist terms.

4,901 citations

Journal ArticleDOI
TL;DR: Determinants and consequences of accessibility help explain the central results of prospect theory, framing effects, the heuristic process of attribute substitution, and the characteristic biases that result from the substitution of nonextensional for extensional attributes.
Abstract: Early studies of intuitive judgment and decision making conducted with the late Amos Tversky are reviewed in the context of two related concepts: an analysis of accessibility, the ease with which thoughts come to mind; a distinction between effortless intuition and deliberate reasoning. Intuitive thoughts, like percepts, are highly accessible. Determinants and consequences of accessibility help explain the central results of prospect theory, framing effects, the heuristic process of attribute substitution, and the characteristic biases that result from the substitution of nonextensional for extensional attributes. Variations in the accessibility of rules explain the occasional corrections of intuitive judgments. The study of biases is compatible with a view of intuitive thinking and decision making as generally skilled and successful.

4,802 citations