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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 OpenAlex
Daphna Lewinsohn‐Zamir, Eyal Zamir, Ori Katz

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

venuePublished in a venue whose home country is Canada.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

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.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesInsufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.895
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.000
Scholarly communication0.0000.001
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0010.000

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