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Arden Rowell. The Psychology of Environmental Law
The Psychology of Environmental Law
Contents
Preface
Introduction
Why Read a Book About the Psychology of Environmental Law?
1. Key Features of Environmental Law and Psychology
What Is Environmental About Environmental Law?
What Is Psychological About Environmental Law?
What Is Legal About Environmental Law and Psychology?
A Brief History of Environmental Law
Normativity: Psychology and the Ends and Means of Environmental Law
Whose Psychology Matters? People and Institutions in Environmental Law
Whose Psychology Matters to Environmental Law?
The Role of Roles in Decision Making
Specific Actors and Institutions
Conclusion
Key Aspects of Psychology as Applied to Environmental Law. What Is Environmental About Environmental Law?
What Is Psychological About the Psychology of Environmental Law?
What Is Legal About the Psychology of Environmental Law?
2. Diffusion
The Psychology of Externalities
Cognitive Limitations and Techniques for Dealing with Diffuse Environmental Effects
Cognitive Heuristics—Availability and Representativeness
Cognitive Limitations in Temporal Diffusion
Managing Future Losses and Gains
Hedonic Forecasting
Discounting and Present Bias
Unidirectionality and Bargaining with the Future
Emotional and Motivational Limitations on Dealing with Diffuse Environmental Effects
In-Group/Out-Group Dynamics
Identifiable Victim Effect
Conclusion
Key Aspects of the Psychology of Diffusion as Applied to Environmental Law
3. Complexity
Defining and Identifying Complexity
Statistical Anomalies in the Environment
Feedback Effects and Adaptation in the Environment
The Psychology of Responding to Complexity
Distortions in Perceiving Cause and Effect
Acts and Omissions
Pattern Detection and Simplifying Heuristics
Managing Limited Information and Uncertainty
The Strategy of Heuristic Shortcuts
The Strategy of Trusting Authorities
Recognizing Expertise
Identifying Experts
The Strategy of Ignorance and Denial
Conclusion
Key Aspects of the Psychology of Complexity in Environmental Law
4. Nonhuman Impacts
Nonhuman Impacts in Institutional and Practical Contexts
Cognitive Limitations in Valuing the Nonhuman Environment
The Specialized Social Brain and Anthropomorphism
Heuristics and Salience
Instability of Preferences About Nonhuman Effects
Emotional and Motivational Factors in Perceiving and Valuing the Nonhuman Environment
Emotional Benefits of Interaction with the Environment
The Effect of Uniqueness and Identity on Value
The Effect of Scarcity on Value
The Psychology of Intrinsic Value
Empathy and Identification
Similarity
Religious or Spiritual Concerns
Cross-Cultural Considerations
The Psychological Effects of Valuation
Conclusion
Key Aspects of the Psychology of Nonhuman Effects in Environmental Law
5. General Law and Psychology in Environmental Law
Persuasion
Motivation. Motivated Cognition
The Desire for Consistency
Cognitive Heuristics and Biases
Loss Aversion, the Endowment Effect, and Status Quo Bias
Other Cognitive Heuristics and Biases
Hindsight Bias
The Affect Heuristic
Reflecting on Cognitive Heuristics and Biases
Social Influence
Other General Issues in Psychology Relevant to Law
The Generalizability of Psychological Research
The Replication Crisis in Psychology
Conclusion
Key Aspects of General Psychology and Law
The Psychology of Persuasion and Motivation
Cognitive Heuristics and Biases, and Social Influences
6. The Psychology of Pollution Control
The Problem of Pollution
The Psychological Challenges of Pollution
The Psychology of Pollution as Environmental Injury
Diffusion
Complexity
Nonhuman Character
The Distinctive Psychology of Pollution
The Psychology of Disgust and Impurity
Source Effects
Positional Judgments of Pollution Risk
The Psychology of Polluters
The Psychology of Pollutees
Payoffs in the Psychology of Pollution Control
What Counts as a “Pollutant”?
“Natural” and “Unnatural” Pollution
Woodsmoke Candles and “Pollutants of the Month”
Definitions of “Pollution” and Regulatory Discretion
When Is Pollution Tolerated?
Hometown Pollution: Grandfathering, Environmental Federalism, and the Polluter Pays Principle
Indoor Versus Outdoor Environments
Human Health Versus Environmental Impacts of Pollution
How Are Pollutants Controlled?
Conclusion
Key Psychological Challenges Presented by Pollution. Environmental Nature of Pollution Injuries
Pollution-Specific Phenomena
7. The Psychology of Ecosystem Management
The Challenges of Managing Ecosystems
The Psychology of Managing Ecosystems
Ecosystem Injury as Environmental Injury
Diffusion
Complexity
Nonhuman Character
Distinctive Aspects of Ecosystem Injuries
Psychology of Place and Property
Psychology of Scarcity and Uniqueness
Individual and Institutional Decision Making Regarding Ecosystems
Applying the Psychology of Ecosystem Management
Understanding the Operation and Effects of Environmental Laws
Debiasing Ecosystem Management
Common Approaches to Ecosystem Management
The Psychology of Sustainability and the Precautionary Principle
The Psychology of Cost-Benefit Analysis
Conclusion
Key Psychological Challenges Presented by Ecosystem Injury. Environmental Nature
Distinctive Ecosystem-Based Challenges
8. The Psychology of Climate Change Law and Policy
The Problem of Climate Change
Defining Climate Change
Expected Impacts of Climate Change
Key Conclusions of the IPCC (Pachauri et al., 2015)
Understanding the Difficulty of Climate Change as a Policy Problem: Science, Politics, Economics, and Ethics
The Psychological Challenges of Climate Change
Climate-Specific Challenges
Climate Injury as Environmental Injury
Diffusion
Complexity
Nonhuman Character
Psychology of Climate Law and Policy
Basic Climate Policy: Strategies for Response
Climate Law and Psychology
Institutional Decision Making on Climate Change
The Psychology of International Environmental Law
Domestic Environmental Legal Institutions
Individual Decision Making on Climate Change
Addressing Individual Behaviors
Habitual Versus Episodic Behaviors
Social Pressures, Meaning, and Identity
Communicating with Individuals about Climate Change
Conclusion
Key Psychological Challenges Presented by Climate Change. Climate-Specific Challenges
Environmental Nature of Climate Harms
Conclusion. Future Directions in the Psychology of Environmental Law
Debiasing Through Law
Politics and the Psychology of Environmental Law
Updating Environmental Laws
COVID-19 and Environmental Law and Psychology
Acknowledgments
Notes. Chapter 2. Diffusion
Chapter 6. The Psychology of Pollution Control
References
Index
About the Authors
