Tag: psychology

Behavioural Law

Classic economics started off factoring psychology and behavioural trends and shortcomings (biases) into economic understanding. However, through the ages, economic concepts and policies were built on the assumption that humans are rational beings. This was like putting a blanket over our susceptibility to biases and our irrational decision-making tendencies.

It took the path-breaking decades of work by 2002 Nobel Laureate (Memorial Prize in Economic Sciences) Daniel Kahneman, Amos Tversky and a few others, to identify and document common human mistakes that spring from our heuristics and biases. This led to the importance of the field of behavioural economics which should ideally replace all economic skillsets.

Going by that logic, I did a cursory check on the LLB syllabus in India and that at Harvard Law School. I also came across research papers and articles around behavioural law at institutes like Yale, Harvard, Cambridge. However, a generic search for Indian LLB syllabus and the Harvard Law curriculum did not show up any subject dedicated to psychology, behaviour, or behavioural law. Stanford mentioned it. However Yale Law did have a fair bit of behaviour covered.

Harvard Law curriculum

While the Harvard program had some 55o study modules, and while they certainly might be including aspects of behavioural law, the subjects list did not include anything related to it or behaviour, despite the importance one might associate with it.

One would imagine that given all the business and personal collaborations and disputes that occur across the world, institutes should have at least by now made human behaviour, behavioural economics and psychology a key part of learning.

You might wonder what it might include? While I wouldn’t exactly know how, I do know that legal professionals are well trained in attack and defense, both in documentation and in fighting cases. And they are adept at understanding the opposition for defense or attack; and identifying potential risk scenarios well into the future. However, armed with behavioural knowledge, they might be able to influence collaborations and solve disputes amicably simply with a better understanding of behaviour and therefore a better choice of words and strategy perhaps. One that could benefit all related parties themselves fairly in the short term, but also steadily influence a more collaborative human race in the longer term.

Many of us have seen those videos of Providence, Rhode Island’s chief municipal judge, Francesco “Frank” Caprio, who metes out ‘human’ and ‘humane’ justice. Someone receiving a judgement from him, or someone simply being spectator to his judgement might have a very different view of humankind. One that is compassionate and optimistic. In a world itching to accuse and punish, imagine the mindset change an entire global legal fraternity might bring about, if they had the superior maturity of Judge Frank Caprio.

Upbringing

Upbringing

Here’s a thought regarding upbringing. Views welcome; and especially so if you have kids and your parents either stay with you, or you visit each other often.

You know how curious for information kids are. And parents often ask them to say or sing something they have learnt, in front of family or in the presence of guests? As a parent, try to think of the reason why you do this.

“What is your intent behind requesting your kid to say or sing something in front of the family and/or guests?”

Is it more for amusement (and possibly family bonding) or to show-off your child’ progress, or something else?

And in case it is for ‘something else’, what is that something?

Similarly, ask your parents the same questions. Especially if your parents aren’t all that literate (or if you have grandparents, ask them as well).

What’s the thought/ point behind this?

Back in the day, grandparents or parents didn’t always have access to the best of education. In such instances, they would often request their kid to say something they had learnt. Especially in the presence of visiting family or friends. Is it possible that was less for amusement, and more as a matter of pride or accomplishment?

Nowadays parents have obviously received a good education (in most cases). They usually know know more than their kid does (be it something as basic as English, etc.). In such cases, is requesting your kid to say something in the presence of others more for amusement, and less out of pride or humility that the elders might have felt?

How does this matter?

Is it possible that in the past, those kids would sense the the humility and pride, and in present times, would sense the amusement? And would the reactions of kids be different given what they sense? And does that influence their actions? For instance, would that feeling of humility or pride they saw in their elders push them to strive harder? And in more recent times, do kids see themselves as being entertainment for elders, and therefore sometimes tend to strive to please or entertain instead?

While earlier generations were overly concerned about “what society will think” regarding different aspects of their professional and personal lives, are the current and younger generations very different? Aren’t the younger generations also overly dependent on social acknowledgement, attention and approval, even though it might be for contexts different from those of earlier generations?

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My book on design thinking titled ‘Design the Future‘ is out. If innovation, design thinking, problem-solving, human behaviour or ideation are areas of interest, am sure you will enjoy this book.
You can order your paperback copy via Amazon, Flipkart & Infibeam.
Would be great if you could leave a review on Amazon once you’ve read the book.

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