The Law of Good People - Chapter 11 - Conclusion and Normative Implications

The Law of Good People: Challenging States' Ability to Regulate Human Behavior 2018

Bar Ilan University Faculty of Law Research Paper No. 21-07

23 Pages Posted: 9 Feb 2021

See all articles by Yuval Feldman

Yuval Feldman

Bar-Ilan University - Faculty of Law

Date Written: 2018

Abstract

This concluding chapter provides some of the normative implications of the “Law of Good People” paradigm I have attempted to articulate in the book. The chapter focuses on few strategies that legal policy makers can adopt to create a behaviorally “responsive regulation” which will be sensitive to the variation among people and situations. The first strategy is a taxonomy which highlights the areas in which greater scrutiny and command and control approaches towards the ethical behavior of individuals should be exercised rather than softer approaches which are based on nudges and incentives It takes into account the type of individual we are attempting to regulate, the moral “wiggle room” of the situation, the relative availability of excuses for justifying behavior, what proportion of the target population needs to cooperate for the policy to work, is there a moral consensus with regard to the behavior in question; how long does the behavioral change need to last and what is the cost of Noncompliance. In addition the chapter discusses other strategies such as sequential responsive regulation, situational design, ethical nudges, smarter use of uncertainty, ethical training, which aim to change people’s ethical preferences and implicit ethical behaviors and a discussion of the limitations of these approaches given the challenges raised by unaware effects on people’s ethical self-perception.

Keywords: Behavioral Ethics; Compliance ; Enforcement; Responsive Regulation, Behavioral Economics

JEL Classification: K42, K29

Suggested Citation

Feldman, Yuval, The Law of Good People - Chapter 11 - Conclusion and Normative Implications (2018). The Law of Good People: Challenging States' Ability to Regulate Human Behavior 2018, Bar Ilan University Faculty of Law Research Paper No. 21-07, Available at SSRN: https://ssrn.com/abstract=3736753

Yuval Feldman (Contact Author)

Bar-Ilan University - Faculty of Law ( email )

Faculty of Law
Ramat Gan, 52900
Israel

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