The Psychology of Environmental Law

The Psychology of Environmental Law
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Описание книги

Offers psychological insights into how people perceive, respond to, value, and make decisions about the environment Environmental law may seem a strange space to seek insights from psychology. Psychology, after all, seeks to illuminate the interior of the human mind, while environmental law is fundamentally concerned with the exterior surroundings—the environment—in which people live.Yet psychology is a crucial, undervalued factor in how laws shape people’s interactions with the environment. Psychology can offer environmental law a rich, empirically informed account of why, when, and how people act in ways that affect the environment—which can then be used to more effectively pursue specific policy goals. When environmental law fails to incorporate insights from psychology, it risks misunderstanding and mispredicting human behaviors that may injure or otherwise affect the environment, and misprescribing legal tools to shape or mitigate those behaviors. The Psychology of Environmental Law provides key insights regarding how psychology can inform, explain, and improve how environmental law operates. It offers concrete analyses of the theoretical and practical payoffs in pollution control, ecosystem management, and climate change law and policy when psychological insights are taken into account.

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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

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Psychology and the Law

General Editor: Linda J. Demaine

.....

Individual judgment and decision making in the context of international law is not the only psychological feature of international law that may matter. Other aspects of international law may be responsive to the same sorts of cues to which domestic legal institutions respond. The psychology of international tribunals, for instance, may be informed by research on (domestic) judicial decision making. International agreements are drafted communally. Thus, they may be influenced by many of the same things that domestic legislatures are influenced by. For instance, both international legal actors and domestic legal actors like legislatures must often come together to represent divergent voices and interests. As such, international treaty making may be informed by research on (domestic) political psychology.

Speaking of domestic legal institutions, perhaps it is helpful also to highlight important ways in which environmental law interacts with the legislative, executive, and judicial branches, as well as in administrative agencies, and the areas of psychology that may be most relevant to understanding decision making in those realms. In some cases, recognizing the role psychology plays in various institutions may be helpful in crafting effective laws or even government designs (Rachlinski & Farina, 2002). Or it may simply help in providing a richer understanding of how and why environmental laws operate as they do.

.....

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