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Record W3124799479

The Identifiability Bias in Environmental Law

2007· article· en· W3124799479 on OpenAlexaboutno aff
Shi-Ling Hsu

Bibliographic record

Venuenot available
Typearticle
Languageen
FieldEconomics, Econometrics and Finance
TopicLegal and Constitutional Studies
Canadian institutionsnot available
Fundersnot available
KeywordsIdentifiabilityLawmakingLaw and economicsDoctrineEnvironmental lawCommon lawPolitical scienceLawPublic economicsEconomicsLegislature
DOInot available

Abstract

fetched live from OpenAlex

The identifiability effect is the human propensity to have stronger emotions regarding identifiable individuals or groups than for abstract ones. The more information that is available about a person, the more likely this person’s situation will influence human decisionmaking. This human propensity has biased law and public policy against environmental and ecological protection because the putative economic victims of environmental regulation are usually easily identifiable workers that lose their jobs, while the beneficiaries—people who avoid a premature death from air or water pollution, people who would be saved by medicinal compounds available only in rare plant and animal species, and future generations not subjected to harmful changes in climate—are unidentifiable abstractions. More fundamentally, however, this identifiability bias has helped create structural biases in legal institutions against environmental and ecological protection. For example, the doctrine of standing creates a bias against unidentifiable victims of environmental wrongs, because of the obvious necessity of showing injury in fact to an identifiable party. Other legal concepts common to a liberal legal tradition also serve to protect the interests of individuals—identifiable individuals—against state action. This liberal conception of law underweights the rights of unidentifiable individuals that are often beneficiaries of state action. Importantly, this is not simply a variant of public choice theory. Many lawmaking decisions and institutions harbor biases against unidentifiable individuals that are not explainable in monetary terms. And importantly, this is not simply a variant of the availability heuristic. Identifiability is more subtle and lasting than sensationalist media accounts of spectacular events that serve as available heuristics. The identifiability bias in environmental law is based on a fundamental human instinct, not a monetary one, and affects deeper decisionmaking processes.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.076
metaresearch head score (Gemma)0.191
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.076
Threshold uncertainty score0.404

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0760.191
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0020.002
Bibliometrics0.0030.002
Science and technology studies0.0060.041
Scholarly communication0.0100.021
Open science0.0030.006
Research integrity0.0120.015
Insufficient payload (model declined to judge)0.0190.002

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.044
GPT teacher head0.212
Teacher spread0.168 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations7
Published2007
Admission routes1
Has abstractyes

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