Yuval Feldman

Yuval Feldman is the Mori Lazarof Professor of Legal Research at Bar-Ilan University Faculty of Law and a Senior Research Fellow at the Israel Democracy Institute. He obtained his Ph.D. in Jurisprudence and Social Policy from UC Berkeley in 2004. His areas of research include behavioral law and economics, empirical legal studies, ethical decision-making, regulatory impact and social norms, compliance and enforcement. He was a fellow in the Edmond J. Safra Institutional Corruption Lab at Harvard Law School and the Implicit Social Cognition Lab in Harvard Psychology, 2011-2013. In 2016 he was elected to Israel’s Young Academy.

The Law of Good People - A close-up

The introduction, which provides some background, opens with descriptive and normative questions that behavioral ethics brings to the legal literature, such as people’s awareness and responsibilities concerning ethical choices. The chapter creates the framework for the book, identifies the gaps in the literature, and offers a paradigm for policy makers who wish to think about unethicality in our society.This chapter also allows readers to recognize the challenges that the book creates for policy makers. Since many “good people” violate the law, either because they feel that the violation is justified or because of ignorance, many violations occur in areas that are rarely enforced by policy makers; and there lies the danger. One of the examples I discuss in chapter nine is non-monetary conflict of interest. The effects of this violation, such as positive media reports, invitations for keynote presentations, and others, are almost never prosecuted but are nonetheless dangerous since the public will find it harder to recognize them as problematic.The last chapter in the book is also important for those who are browsing. It focuses on recommendations and applications of the “good people paradigm” for policy makers. It suggests how it might be possible to combine the different regulatory interventions concerning people with a new approach to law and ethics. Responsive regulation, an important paradigm discussed in the book, suggests that by shifting from less intrusive to more intrusive measures, interventions should be adaptable: different types of people require different types of interventions. In earlier stages the focus should be on lack of awareness of wrong-doing, while in later stages lack of motivation to comply could be addressed. Only by recognizing that people differ with regard to their level of awareness and their compliance motivation, policy makers will be able to develop the right combination of legal instruments.My hope for the book is that it will push behavioral research more into the ethical arena. Clearly, we live in a world with high rates of ordinary unethicality. Though it affects the evolution of social and legal norms, this area of study has been neglected because the legal system focuses more on gross violations of the law, assuming that these present greater risks than unethical behavior by ordinary people in ordinary situations.Moreover, behavioral economics, having dominated conversations between law and the behavioral sciences, has led academics and others in the behavioral insights field to focus more on fixing biases and heuristics in areas such as health, financial decision making, and energy, than on understanding the role of fairness and justice. Behavioral ethics, on the other hand, though it is a much younger field, has the potential to shift the attention of legal researchers and policy makers to the importance of the behavioral sciences in accounting for improvements in people’s ethical decision-making. Behavioral ethics scholars have showed us how good people are constantly misleading themselves about their behavior; they believe they are within the realms of law and morality, when in reality, they are not. I hope that the book will lead more scholars, behavioral insight units, managers and policy makers to focus on trying to make people more ethical, not just more rational.

Editor: Judi Pajo
January 30, 2019

Yuval Feldman The Law of Good People: Challenging States' Ability to Regulate Human Behavior Cambridge University Press254 pages, 6.1 x 9.2 inches ISBN 978 1316480328

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