Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This highly informative Advanced Introduction explores the diverse and far-reaching legal implications of some of the key findings of behavioral economics. Cass Sunstein, a leader in this field, adopts an interdisciplinary approach to examining cutting-edge topics such as air pollution and climate change; public health and safety; pandemic response; occupational safety; road safety; and contract, property, and tort law. This Advanced Introduction provides a much-needed assessment and analysis of the law as a critical domain for the use of behavioral economics, and investigates how techniques including nudging, mandates, and taxes can be used to enhance the effectiveness and improve the implementation of the law. Key Features: Explains how legal systems and governments employ behavioral economics Explores the crucial relationship between law, behavioral economics and human welfare Highlights the use of algorithms in law and policy, considering the relationship between algorithms, noise and bias Examines key concepts from behavioral economics including sludge, present bias, loss aversion, unrealistic optimism, and anchoring This erudite Advanced Introduction will be an essential read for legal students, academics and researchers with an interest in behavioral economics, public policy and economic psychology. Highlighting how behavioral economics interacts with various other disciplines, it will also prove valuable to professionals and practitioners working in law, medicine, education and politics.

This timely Handbook offers a comprehensive examination of the growing field of nudging and its impact on society. The editors, Cass R. Sunstein and Lucia A. Reisch provide readers with a detailed exploration of the theoretical and empirical work on nudging, as well as an understanding of current and likely future developments in the field. Divided into six key thematic parts, the Handbook covers everything from the foundations of nudging to its use in organizations. Top international scholars approach the subject from multiple disciplines and perspectives, examining current debates in the field, including the relationship between nudges and freedom; nudges, behavioral biases, and noise; the fundamental role of default rules and social norms; and how nudging can enhance human welfare. Health, safety, poverty, employment, the environment (including climate change), economic growth, health, safety, and civil rights are among the subjects covered. The Handbook concludes with a detailed look at contested ideas and real-world policies, such as ethics and the policies of Covid-19, as well as providing commentary on misconceptions about nudging. This Handbook is an essential resource for scholars and students in the fields of behavioural economics, public policy, law, public administration, public health, food policy, and sustainable development policy. The state-of-the-art practical insights into nudging, as well as accessible style, also makes this an invigorating read for practitioners.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This highly informative Advanced Introduction explores the diverse and far-reaching legal implications of some of the key findings of behavioral economics. Cass Sunstein, a leader in this field, adopts an interdisciplinary approach to examining cutting-edge topics such as air pollution and climate change; public health and safety; pandemic response; occupational safety; road safety; and contract, property, and tort law. This Advanced Introduction provides a much-needed assessment and analysis of the law as a critical domain for the use of behavioral economics, and investigates how techniques including nudging, mandates, and taxes can be used to enhance the effectiveness and improve the implementation of the law. Key Features: Explains how legal systems and governments employ behavioral economics Explores the crucial relationship between law, behavioral economics and human welfare Highlights the use of algorithms in law and policy, considering the relationship between algorithms, noise and bias Examines key concepts from behavioral economics including sludge, present bias, loss aversion, unrealistic optimism, and anchoring This erudite Advanced Introduction will be an essential read for legal students, academics and researchers with an interest in behavioral economics, public policy and economic psychology. Highlighting how behavioral economics interacts with various other disciplines, it will also prove valuable to professionals and practitioners working in law, medicine, education and politics.

The Sunday Times bestseller ‘A monumental, gripping book … Outstanding’ Sunday Times Wherever there is human judgement, there is noise. ‘Noise may be the most important book I've read in more than a decade. A genuinely new idea so exceedingly important you will immediately put it into practice. A masterpiece’ Angela Duckworth, author of Grit ‘An absolutely brilliant investigation of a massive societal problem that has been hiding in plain sight’ Steven Levitt, co-author of Freakonomics From the world-leaders in strategic thinking and the multi-million copy bestselling authors of Thinking Fast and Slow and Nudge, the next big book to change the way you think. Imagine that two doctors in the same city give different diagnoses to identical patients – or that two judges in the same court give different sentences to people who have committed matching crimes. Now imagine that the same doctor and the same judge make different decisions depending on whether it is morning or afternoon, or Monday rather than Wednesday, or they haven’t yet had lunch. These are examples of noise: variability in judgements that should be identical. In Noise, Daniel Kahneman, Olivier Sibony and Cass R. Sunstein show how noise produces errors in many fields, including in medicine, law, public health, economic forecasting, forensic science, child protection, creative strategy, performance review and hiring. And although noise can be found wherever people are making judgements and decisions, individuals and organizations alike commonly ignore its impact, at great cost. Packed with new ideas, and drawing on the same kind of sharp analysis and breadth of case study that made Thinking, Fast and Slow and Nudge international bestsellers, Noise explains how and why humans are so susceptible to noise and bias in decision-making. We all make bad judgements more than we think. With a few simple remedies, this groundbreaking book explores what we can do to make better ones.

THE INTERNATIONAL BESTSELLER 'A monumental, gripping book ... Outstanding' SUNDAY TIMES 'Noise may be the most important book I've read in more than a decade. A genuinely new idea so exceedingly important you will immediately put it into practice. A masterpiece' Angela Duckworth, author of Grit 'An absolutely brilliant investigation of a massive societal problem that has been hiding in plain sight' Steven Levitt, co-author of Freakonomics From the world-leaders in strategic thinking and the multi-million copy bestselling authors of Thinking Fast and Slow and Nudge, the next big book to change the way you think. We like to think we make decisions based on good reasoning - and that our doctors, judges, politicians, economic forecasters and employers do too. In this groundbreaking book, three world-leading behavioural scientists come together to assess the last great fault in our collective decision-making: noise. We all make bad judgements more than we think. Noise shows us what we can do to make better ones.

All over the world, private and public institutions have been attracted to "nudges," understood as interventions that preserve freedom of choice, but that steer people in particular directions. The most effective nudges are often "defaults," which establish what happens if people do nothing. For example, automatic enrollment in savings plans is a default nudge, as is automatic enrollment in green energy. Default rules are in widespread use, but we have very little information about how people experience them, whether they see themselves as manipulated by them, and whether they approve of them in practice. In this book, Patrik Michaelsen and Cass R. Sunstein offer a wealth of new evidence about people's experiences and perceptions with respect to default rules. They argue that this evidence can help us to answer important questions about the effectiveness and ethics of nudging. The evidence offers a generally positive picture of how default nudges are perceived and experienced. The central conclusion is simple: empirical findings strongly support the conclusion that, taken as such, default nudges are both ethical and effective. These findings, and the accompanying discussion, have significant implications for policymakers in many nations, and also for the private sector.

Winner of the 2021 Scribes Book Award From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.� Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

The completely updated, final edition of the global bestseller - one of the most influential books of the 21st century 'Few books can be said to have changed the world, but Nudge did. The Final Edition is marvellous: funny, useful, and wise' Daniel Kahneman Nudge has transformed the way individuals, companies and governments look at the world - and in the process has become one of the most important books of the twenty-first century. This completely updated edition offers a wealth of new insights for fans and newcomers alike - about COVID-19, diet, personal finance, retirement savings, medical care, organ donation, and climate change. Every day we make decisions: about the things we buy or the meals we eat; about the investments we make and the time we spend; about our health and that of the planet. Unfortunately, we often choose badly. We are all susceptible to biases that can lead us to make bad decisions that make us poorer, less healthy and less happy. And, as Richard Thaler and Cass Sunstein show, no choice is ever presented to us in a neutral way. But by knowing how people think, we can make it easier for them to choose what is best for themselves, for their families and for society. With brilliant insight and wonderful levity, Thaler and Sunstein demonstrate how best to nudge us in the right directions, without ever restricting our freedom of choice.

A powerful analysis of why lies and falsehoods spread so rapidly now, and how we can reform our laws and policies regarding speech to alleviate the problem. Lying has been with us from time immemorial. Yet today is different-and in many respects worse. All over the world, people are circulating damaging lies, and these falsehoods are amplified as never before through powerful social media platforms that reach billions. Liars are saying that COVID-19 is a hoax. They are claiming that vaccines cause autism. They are lying about public officials and about people who aspire to high office. They are lying about their friends and neighbors. They are trying to sell products on the basis of untruths. Unfriendly governments, including Russia, are circulating lies in order to destabilize other nations, including the United Kingdom and the United States. In the face of those problems, the renowned legal scholar Cass Sunstein probes the fundamental question of how we can deter lies while also protecting freedom of speech. To be sure, we cannot eliminate lying, nor should we try to do so. Sunstein shows why free societies must generally allow falsehoods and lies, which cannot and should not be excised from democratic debate. A main reason is that we cannot trust governments to make unbiased judgments about what counts as "fake news." However, governments should have the power to regulate specific kinds of falsehoods: those that genuinely endanger health, safety, and the capacity of the public to govern itself. Sunstein also suggests that private institutions, such as Facebook and Twitter, have a great deal of room to stop the spread of falsehoods, and they should be exercising their authority far more than they are now doing. As Sunstein contends, we are allowing far too many lies, including those that both threaten public health and undermine the foundations of democracy itself.

The bestselling author of Simpler offers a powerful, provocative, and convincing argument for protecting people from their own mistakes Based on a series of pathbreaking lectures given at Yale University in 2012, this powerful, thought-provoking work by national best-selling author Cass R. Sunstein combines legal theory with behavioral economics to make a fresh argument about the legitimate scope of government, bearing on obesity, smoking, distracted driving, health care, food safety, and other highly volatile, high-profile public issues. Behavioral economists have established that people often make decisions that run counter to their best interests-producing what Sunstein describes as "behavioral market failures." Sometimes we disregard the long term; sometimes we are unrealistically optimistic; sometimes we do not see what is in front of us. With this evidence in mind, Sunstein argues for a new form of paternalism, one that protects people against serious errors but also recognizes the risk of government overreaching and usually preserves freedom of choice. Against those who reject paternalism of any kind, Sunstein shows that "choice architecture"-government-imposed structures that affect our choices-is inevitable, and hence that a form of paternalism cannot be avoided. He urges that there are profoundly moral reasons to ensure that choice architecture is helpful rather than harmful-and that it makes people's lives better and longer.

This Palgrave Pivot offers comprehensive evidence about what people actually think of "nudge" policies designed to steer decision makers' choices in positive directions. The data reveal that people in diverse nations generally favor nudges by strong majorities, with a preference for educative efforts - such as calorie labels - that equip individuals to make the best decisions for their own lives. On the other hand, there are significant arguments for noneducational nudges - such as automatic enrollment in savings plans - as they allow people to devote their scarce time and attention to their most pressing concerns. The decision to use either educative or noneducative nudges raises fundamental questions about human freedom in both theory and practice. Sunstein's findings and analysis offer lessons for those involved in law and policy who are choosing which method to support as the most effective way to encourage lifestyle changes.

*Once again a New York Times bestseller! First the original edition, and now the new Final Edition* An essential new edition revised and updated from cover to cover of one of the most important books of the last two decades, by Nobel Prize winner Richard H. Thaler and Cass R. Sunstein More than 2 million copies sold Since the original publication of Nudge more than a decade ago, the title has entered the vocabulary of businesspeople, policy makers, engaged citizens, and consumers everywhere. The book has given rise to more than 400 "nudge units" in governments around the world and countless groups of behavioral scientists in every part of the economy. It has taught us how to use thoughtful "choice architecture"-a concept the authors invented-to help us make better decisions for ourselves, our families, and our society. Now, the authors have rewritten the book from cover to cover, making use of their experiences in and out of government over the past dozen years as well as an explosion of new research in numerous academic disciplines. To commit themselves to never undertaking this daunting task again, they are calling this the "final edition." It offers a wealth of new insights, for both its avowed fans and newcomers to the field, about a wide variety of issues that we face in our daily lives-COVID-19, health, personal finance, retirement savings, credit card debt, home mortgages, medical care, organ donation, climate change, and "sludge" (paperwork and other nuisances we don't want, and that keep us from getting what we do want)-all while honoring one of the cardinal rules of nudging: make it fun!

From New York Times bestselling author Cass Sunstein, a timely and powerful argument for rethinking how the U.S. Constitution is interpreted The U.S. Supreme Court has eliminated the right to abortion and is revisiting other fundamental questions today—about voting rights, affirmative action, gun laws, and much more. Once-arcane theories of constitutional interpretation are profoundly affecting the lives of all Americans. In this brief and urgent book, Harvard Law School professor Cass Sunstein provides a lively introduction to competing approaches to interpreting the Constitution—and argues that the only way to choose one is to ask whether it would change American life for the better or worse. If a method of interpretation would eliminate the right of privacy, allow racial segregation, or obliterate free speech, it would be unacceptable for that reason. But some Supreme Court justices are committed to “originalism,� arguing that the meaning of the Constitution is settled by how it was publicly understood when it was ratified. Originalists insist that their approach is dictated by the Constitution. That, Sunstein argues, is a big mistake. The Constitution doesn’t contain instructions for its own interpretation. Any approach to constitutional interpretation needs to be defended in terms of its broad effects—what it does to our rights and our institutions. It must respect those rights and institutions—and safeguard the conditions for democracy itself. Passionate and compelling, How to Interpret the Constitution is essential reading for anyone who is concerned about how the Supreme Court is changing the rights and lives of Americans today.

Here is one of the most fundamental questions in human life: How do we decide how we decide? We make such decisions all the time. If you trust your doctor, you might decide to follow a simple rule for medical decisions: Do whatever your doctor suggests. If you like someone a lot, and maybe love them, but are not sure whether you want to marry them, you might do this: Live with them first. Some of these strategies are wise. They prevent error. They improve your emotional well-being. Some of these strategies are foolish. They lead you in the direction of terrible mistakes. They prevent you from learning. They might make you miserable. Decisions about Decisions explores how people do, and should, make decisions about decisions. It aims to see what such decisions are, to explore how they go right, and see where they go wrong.

Many "nudges" aim to make life simpler, safer, or easier for people to navigate, but what do members of the public really think about these policies? Drawing on surveys from numerous nations around the world, Sunstein and Reisch explore whether citizens approve of nudge policies. Their most important finding is simple and striking. In diverse countries, both democratic and nondemocratic, strong majorities approve of nudges designed to promote health, safety, and environmental protection-and their approval cuts across political divisions. In recent years, many governments have implemented behaviorally informed policies, focusing on nudges-understood as interventions that preserve freedom of choice, but that also steer people in certain directions. In some circles, nudges have become controversial, with questions raised about whether they amount to forms of manipulation. This fascinating book carefully considers these criticisms and answers important questions. What do citizens actually think about behaviorally informed policies? Do citizens have identifiable principles in mind when they approve or disapprove of the policies? Do citizens of different nations agree with each other? From the answers to these questions, the authors identify six principles of legitimacy-a "bill of rights" for nudging that build on strong public support for nudging policies around the world, while also recognizing what citizens disapprove of. Their bill of rights is designed to capture citizens' central concerns, reflecting widespread commitments to freedom and welfare that transcend national boundaries.

Bestselling author Cass R. Sunstein reveals the appeal and the danger of conformity We live in an era of tribalism, polarization, and intense social division-separating people along lines of religion, political conviction, race, ethnicity, and sometimes gender. How did this happen? In Conformity, Cass R. Sunstein argues that the key to making sense of living in this fractured world lies in understanding the idea of conformity-what it is and how it works-as well as the countervailing force of dissent. An understanding of conformity sheds new light on many issues confronting us today: the role of social media, the rise of fake news, the growth of authoritarianism, the success of Donald Trump, the functions of free speech, debates over immigration and the Supreme Court, and much more. Lacking information of our own and seeking the good opinion of others, we often follow the crowd, but Sunstein shows that when individuals suppress their own instincts about what is true and what is right, it can lead to significant social harm. While dissenters tend to be seen as selfish individualists, dissent is actually an important means of correcting the natural human tendency toward conformity and has enormous social benefits in reducing extremism, encouraging critical thinking, and protecting freedom itself. Sunstein concludes that while much of the time it is in the individual's interest to follow the crowd, it is in the social interest for individuals to say and do what they think is best. A well-functioning democracy depends on it.

Originally published in 1967, the modest and plainly descriptive title of Development Projects Observed is deceptive. Today, it is recognized as the ultimate volume in Hirschman's groundbreaking trilogy on development, and as the bridge to the broader social science themes of his subsequent writings. Though among his lesser-known works, this unassuming tome is one of his most influential. It is in this book that Hirschman first shared his now famous "Principle of the Hiding Hand." In an April 2013 New Yorker issue, Malcolm Gladwell wrote an appreciation of the principle, described by Cass Sunstein in the book's new foreword as "a bit of a trick up history's sleeve." It can be summed up as a phenomenon in which people's inability to foresee obstacles leads to actions that succeed because people have far more problem-solving ability that they anticipate or appreciate. And it is in Development Projects Observed that Hirschman laid the foundation for the core of his most important work, Exit, Voice, and Loyalty, and later led to the concept of an "exit strategy."

The most controversial essays from the bestselling author once called the most dangerous man in America collected for the first time.

From Cass R. Sunstein, bestselling author of "Nudge "and "Simpler," comes a collection of thought-provoking essays that have sparked a powder keg of debate from Glenn Beck to major political pundits. In the years leading up to his confirmation as the Administrator of the White House Office of Information and Regulatory Affairs (OIRA), Sunstein wrote about everything from marriage equality to cost-benefit analysis to animal rights. Here, in one wildly entertaining volume, are his most famous, most infamous, and most provocative pieces.
You ll learn why Sunstein believes that even rational people believe in crazy conspiracy theories, what America should "and" "shouldn t" do about climate change, whether we should accept a Second Bill of Rights, how to strike a balance between religious freedom and gender equality, whether animals should have the right to sue, and much more. Whether you re a Democrat or Republican, liberal or conservative, Occupier or Tea Partier, you ll find something here to challenge you, provoke you, or downright enrage you. Welcome to the dangerous world of Cass Sunstein.

Winner of the Scribes Book Award "As brilliantly imaginative as it is urgently timely." -Richard H. Fallon, Jr., Harvard Law School "At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto." -Frederick Schauer, author of The Proof A highly original framework for restoring confidence in a government bureaucracy increasingly derided as "the deep state." Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones. These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the "deep state" and yearn for its downfall. "Has something to offer both critics and supporters...a valuable contribution to the ongoing debate over the constitutionality of the modern state." -Review of Politics "The authors freely admit that the administrative state is not perfect. But, they contend, it is far better than its critics allow." -Wall Street Journal

"Over the past two decades, the United States has seen an intense debate about the composition of the federal judiciary. Are judges ""activists""? Should they stop ""legislating from the bench""? Are they abusing their authority? Or are they protecting fundamental rights, in a way that is indispensable in a free society? Are Judges Political? cuts through the noise by looking at what judges actually do. Drawing on a unique data set consisting of thousands of judicial votes, Cass Sunstein and his colleagues analyze the influence of ideology on judicial voting, principally in the courts of appeal. They focus on two questions: Do judges appointed by Republican Presidents vote differently from Democratic appointees in ideologically contested cases? And do judges vote differently depending on the ideological leanings of the other judges hearing the same case? After examining votes on a broad range of issues--including abortion, affirmative action, and capital punishment--the authors do more than just confirm that Democratic and Republican appointees often vote in different ways. They inject precision into an all-too-often impressionistic debate by quantifying this effect and analyzing the conditions under which it holds. This approach sometimes generates surprising results: under certain conditions, for example, Democrat-appointed judges turn out to have more conservative voting patterns than Republican appointees. As a general rule, ideology should not and does not affect legal judgments. Frequently, the law is clear and judges simply implement it, whatever their political commitments. But what happens when the law is unclear? Are Judges Political? addresses this vital question. "

Wherever there is human judgment, there is noise.

Imagine that two doctors in the same city give different diagnoses to identical patients – or that two judges in the same court give different sentences to people who have committed matching crimes. Now imagine that the same doctor and the same judge make different decisions depending on whether it is morning or afternoon, or Monday rather than Wednesday, or they haven’t yet had lunch. These are examples of noise: variability in judgments that should be identical.

In Noise, Daniel Kahneman, Olivier Sibony and Cass R. Sunstein show how noise produces errors in many fields, including in medicine, law, public health, economic forecasting, forensic science, child protection, creative strategy, performance review and hiring. And although noise can be found wherever people are making judgments and decisions, individuals and organizations alike commonly ignore its impact, at great cost.

Packed with new ideas, and drawing on the same kind of sharp analysis and breadth of case study that made Thinking, Fast and Slow and Nudge international bestsellers, Noise explains how and why humans are so susceptible to noise and bias in decision-making. We all make bad judgments more than we think. With a few simple remedies, this groundbreaking book explores what we can do to make better ones.

What is the relationship between fear, danger, and the law? Cass Sunstein attacks the increasingly influential Precautionary Principle - the idea that regulators should take steps to protect against potential harms, even if causal chains are uncertain and even if we do not know that harms are likely to come to fruition. Focusing on such problems as global warming, terrorism, DDT, and genetic engineering, Professor Sunstein argues that the Precautionary Principle is incoherent. Risks exist on all sides of social situations, and precautionary steps create dangers of their own. Diverse cultures focus on very different risks, often because social influences and peer pressures accentuate some fears and reduce others. Instead of adopting the Precautionary Principle, Professor Sunstein argues for three steps: a narrow Anti-Catastrophe Principle, designed for the most serious risks; close attention to costs and benefits; and an approach called 'libertarian paternalism', designed to respect freedom of choice while also moving people in directions that will make their lives go better. He also shows how free societies can protect liberty amidst fears about terrorism and national security. Laws of Fear represents a major statement from one of the most influential political and legal theorists writing today.