Irit Mevorach
- Published in print:
- 2018
- Published Online:
- April 2018
- ISBN:
- 9780198782896
- eISBN:
- 9780191826115
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198782896.003.0002
- Subject:
- Law, Company and Commercial Law, Private International Law
This chapter explores what the reasons for deviating from modified universalism in practice may be. To do so, it draws on behavioural international law and economics. The chapter argues that certain ...
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This chapter explores what the reasons for deviating from modified universalism in practice may be. To do so, it draws on behavioural international law and economics. The chapter argues that certain decision-making biases may play a role in cross-border insolvency and can explain both negative inclinations and instances of lack of cooperation, as well as the relative success of modified universalism. The key argument here is that instead of yielding to territorial inclinations, cross-border insolvency law has a debiasing role to play. It should attempt to align choices with optimal solutions, overcoming biases, and should also close gaps in the cross-border insolvency system in line with modified universalism.Less
This chapter explores what the reasons for deviating from modified universalism in practice may be. To do so, it draws on behavioural international law and economics. The chapter argues that certain decision-making biases may play a role in cross-border insolvency and can explain both negative inclinations and instances of lack of cooperation, as well as the relative success of modified universalism. The key argument here is that instead of yielding to territorial inclinations, cross-border insolvency law has a debiasing role to play. It should attempt to align choices with optimal solutions, overcoming biases, and should also close gaps in the cross-border insolvency system in line with modified universalism.
Jalie A. Tucker, Susan D. Chandler, and JeeWon Cheong
- Published in print:
- 2016
- Published Online:
- November 2016
- ISBN:
- 9780198727224
- eISBN:
- 9780191833427
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198727224.003.0019
- Subject:
- Psychology, Cognitive Psychology
Human investment activities are vulnerable to delay discounting and a range of other common choice biases. This chapter summarizes conceptual work and research on choice biases and discusses ...
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Human investment activities are vulnerable to delay discounting and a range of other common choice biases. This chapter summarizes conceptual work and research on choice biases and discusses implications for individual and public health strategies to reduce addictive behaviors, with emphasis on public health. Principles of population science, prevention, and public health practice are summarized to explicate the basis for an integrated intervention strategy, informed by research on human choice behavior, which spans clinical, community, healthcare system, and policy interventions. Interventions may remediate choice biases (e.g. seek to reduce delay discounting) or manipulate the architecture of choice by framing options to help people choose in their best interests (e.g. make the more beneficial choice the default option). Choice architecture strategies implemented within healthcare systems and communities have greater potential for population impact than individual clinical treatments, and what mix of options may maximize population benefits remains to be determined.Less
Human investment activities are vulnerable to delay discounting and a range of other common choice biases. This chapter summarizes conceptual work and research on choice biases and discusses implications for individual and public health strategies to reduce addictive behaviors, with emphasis on public health. Principles of population science, prevention, and public health practice are summarized to explicate the basis for an integrated intervention strategy, informed by research on human choice behavior, which spans clinical, community, healthcare system, and policy interventions. Interventions may remediate choice biases (e.g. seek to reduce delay discounting) or manipulate the architecture of choice by framing options to help people choose in their best interests (e.g. make the more beneficial choice the default option). Choice architecture strategies implemented within healthcare systems and communities have greater potential for population impact than individual clinical treatments, and what mix of options may maximize population benefits remains to be determined.
