Abstract

Selective Fatalism

Cass R. Sunstein
Harvard University - Harvard Law School

Journal of Legal Studies, Vol. 28, June 1998.

Abstract:
Human beings are selectively fatalistic. Some risks appear as "background noise," whereas other, quantitatively identical risks cause enormous concern. This essay explores the reasons for selective fatalism and possible legal responses. Sometimes selective fatalism is a product of distributional issues, as people focus on risks that face particular groups; sometimes selective fatalism is a product of heuristics and biases. Selective fatalism might be overcome by an emphasis, as a regulatory starting point, on how many "decently livable life years" might be saved by regulation.

Accepted Paper Series

Date posted: March 20, 1998 ; Last revised: March 20, 1998

Suggested Citation

Sunstein, Cass R., Selective Fatalism. Journal of Legal Studies, Vol. 28, June 1998.. Available at SSRN: http://ssrn.com/abstract=68908

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Contact Information

Cass R. Sunstein (Contact Author)

Harvard University - Harvard Law School ( email )

1575 Massachusetts Ave
Areeda Hall 225
Cambridge, MA 02138
United States
617-496-2291 (Phone)