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Record W3213473835 · doi:10.3138/utlj-2021-0034

Giving reasons as a means to enhance compliance with legal norms

2021· article· en· W3213473835 on OpenAlexvenueno aff
Daphna Lewinsohn‐Zamir, Eyal Zamir, Ori Katz

Bibliographic record

VenueUniversity of Toronto Law Journal · 2021
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicRegulation and Compliance Studies
Canadian institutionsnot available
Fundersnot available
KeywordsPersuasionSanctionsCompliance (psychology)Nudge theoryEnforcementLaw and economicsRelevance (law)Political sciencePsychologyLawSocial psychologySociology

Abstract

fetched live from OpenAlex

The threat of sanctions is often insufficient to ensure compliance with legal norms. Recently, much attention has been given to nudges – choice-preserving measures that take advantage of people’s automatic System 1 thinking – as a means of influencing behaviour without sanctions, but nudges are often ineffective and controversial. This article explores the provision of information about the reasons underlying legal norms, as a means to enhance compliance, primarily through deliberative System 2 thinking. While the idea that legal norms should be accompanied by explanatory preambles – to complement the law’s threat of sanctions with persuasion – goes back to Plato, this technique is not commonly used nowadays, and scholars have failed to systematically consider this possibility. The article argues that reason giving can enhance compliance and reduce the need for costly enforcement mechanisms. The theoretical part of the article comprises three parts. It first describes the mechanisms through which reasons may influence people’s behaviour. It then distinguishes between reason giving as a means to enhance compliance and as a means to attain other goals and between reason giving and related means to enhance compliance. Finally, it discusses various policy and pragmatic considerations that bear on the use of reason giving. Following the theoretical discussion, the empirical part of the article uses vignette studies to demonstrate the feasibility and efficacy of the reason-giving technique. The results of these new studies show that providing good reasons for legal norms enhances people’s inclination to comply with them, in comparison to not providing the reasons underlying the norms. However, whereas persuasive reasons may promote compliance, questionable reasons might reduce it. We call on scholars and policy makers to pay more attention to this readily available measure of enhancing compliance with norms.

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)0.022
metaresearch head score (Gemma)0.083
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.022
Threshold uncertainty score0.114

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0220.083
Meta-epidemiology (narrow)0.0010.000
Meta-epidemiology (broad)0.0000.001
Bibliometrics0.0020.001
Science and technology studies0.0010.005
Scholarly communication0.0040.004
Open science0.0010.003
Research integrity0.0030.003
Insufficient payload (model declined to judge)0.0060.001

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 head0.014
GPT teacher head0.226
Teacher spread0.212 · 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 designNot applicable
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

Citations6
Published2021
Admission routes1
Has abstractyes

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