Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

Search


Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

jr_114_9780195367195_bnr

jr_114_9780195383768_bnr

advertise-here4


FC-CO(SS)

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments

    • Observer on Ricci: Color-Blind Standards in a Race Conscious Society?

    • RJ on Ricci: Color-Blind Standards in a Race Conscious Society?

    • RJ on Ricci and Briscoe as Disparate Impact Cases

    • Mike Rich on Negligent Corpse Mishandling

    • anon on Privacy and Tattletales

    • orly lobel on At CELS, Hoping to Blog

    • harry brooks on Ricci: Color-Blind Standards in a Race Conscious Society?

    • RJ on Ricci: Color-Blind Standards in a Race Conscious Society?

    • Michael H Schneider on Negligent Corpse Mishandling

    • flood pictures on Public opinion on same-sex marriage

    • gtownstudent on And Justache For All at GW Law

    • AF on Ricci and Briscoe as Disparate Impact Cases

    • RJ on Ricci and Briscoe as Disparate Impact Cases

    • Maryland Conservatarian on Ricci: Color-Blind Standards in a Race Conscious Society?

    • Daniel S. Goldberg on Negligent Corpse Mishandling

  •  

    Site Meter

The Genius of Metaphor: Obesity “Epidemic”

posted by Frank Pasquale

A fascinating recent study has found that obesity “can spread from one person to another like the flu or a fad:”

The researchers found that when one spouse became obese, the other was 37 percent more likely to do so in the next two to four years, compared to other couples. If a man became obese, his brother’s risk rose by 40 percent. The risk rose even more sharply among friends — between 57 and 171 percent, depending on whether they considered each other mutual friends.

The study reminded me of the troubled place of metaphor in contemporary reasoning. I recall reading many libertarians who dismissed the idea of an obesity “epidemic”–who felt this designation unduly alarmist and politically manipulative. An “epidemic” unfortunately calls to mind quarantines, panic, and an uncontrollable disease vector. But the ideas of “contagiousness” and “communicability” provide useful frames for thinking here, like Dawkin’s translation of natural genetics into cultural memetics. (For the legal implications, check out Balkin or Cotter.)


A key question here is: would the “epidemic metaphor” be valid without the empirical study to back it up? I think so, because the “transmission mechanism” here appears to be a change in individuals’ understanding of obesity. Consider the case of Mauritania:

For decades, the Mauritanian version of a Western teenager’s crash diet was a crash feeding program, devised to create girls obese enough to display family wealth and epitomize the Mauritanian ideal. Centuries-old poems glorified women immobilized by fat. . . .

I’m not saying that metaphor holds the key to addressing the issue. But I think it plays a powerful role in sophisticated debates on the topic–such as the exchange in the Georgetown Law Review between M. Gregg Bloche (Obesity and the Struggle Within Ourselves) and Richard Epstein (What (Not) To Do About Obesity: A Moderate Aristotelian Answer). As Bloche argues:

We perceive, or construct, myriad patterns (or stories about the world) based on our own preconceptions, fears, and hopes, as well as surrounding cues. These patterns or stories both open up and narrow our options: they thus direct our decisions and actions, often unconsciously.

The notion that patterns of perception and understanding drive decisions and actions is consistent with findings from behavioral economics. Myriad studies in this field show that decisions depend on perceived context. People choose differently depending on how options are framed and whether prior information “anchors” their expectations. People’s preferences sometimes reverse when the same options are presented in different sequences or groupings. Many other reference points for choice have been studied, named, and found to influence experimental subjects’ preferences: these include the endowment effect, loss aversion, and social comparisons. Economists and behavioral psychologists have tried mightily to model these effects in quantitative terms. . . . But they are also understandable in qualitative terms, as cases of causal connection between patterns of perception and people’s decisions. (93 Geo. L. J. 1335, 1338).

I don’t know if I agree with Bloche’s promotion of “health-oriented advocacy that builds on widely-held ideals about attractiveness”–many of these ideals are themselves suspect. But his understanding the issue is an admirable example of the type of integration of psychological, sociological, economic, and moral theory necessary for sound policy.


 July 25, 2007 at 8:36 pm   Posted in: Behavioral Law and Economics, Health Law   Print This Post Print This Post

Responses (4)

  1. Daniel Goldberg - July 26, 2007 at 12:21 am

    My word, Frank, but your posts are simply an endless supply of blog fodder . . .

  2. Patrick S. O'Donnell - July 26, 2007 at 1:20 am

    Cf. this article on ‘Modeling Alcoholism as a Contagious Disease: How “Infected” Drinking Buddies Spread Problem Drinking,’from SIAM News, Volume 40, Number 3, April 2007: http://www.siam.org/pdf/news/1113.pdf

    [SIAM = Society for Industrial and Applied Mathematics]

  3. Patrick S. O'Donnell - July 26, 2007 at 1:20 am

    Cf. this article on ‘Modeling Alcoholism as a Contagious Disease: How “Infected” Drinking Buddies Spread Problem Drinking,’from SIAM News, Volume 40, Number 3, April 2007: http://www.siam.org/pdf/news/1113.pdf

    [SIAM = Society for Industrial and Applied Mathematics]

  4. Katie - July 26, 2007 at 10:14 am

    Before considering the metaphor further, it might be worth considering how very flawed the study seems to be (here’s one interesting analysis: http://kateharding.net/2007/07/25/fat-is-contagious/). One starts to wonder if our rhetoric about the “obesity epidemic” which makes some things seem absolutely “obvious” is influencing our interpretation of scientific studies, as well and if that isn’t a key thing to consider when considering what language we’re going to use.

Leave a Reply

*
To prove you're a person (not a spam script), type the security word shown in the picture. Click on the picture to hear an audio file of the word.
Click to hear an audio file of the anti-spam word


  • « Previous post
  • Next post »

Authors

Daniel J. Solove

Website
Understanding Privacy

Kaimipono Wenger

Website
SSRN Page

Dave Hoffman

Website
SSRN Page

Nate Oman

Website
SSRN Page

Frank Pasquale

Website
SSRN Page

Deven Desai

Website
SSRN Page

Danielle Citron

Website
SSRN Page

Lawrence Cunningham

Website
SSRN Page

Sarah Waldeck

Website
SSRN Page

Jaya Ramji-Nogales

Website
SSRN Page

Solangel Maldonado

Website
SSRN Page

Gerard Magliocca

Website
SSRN Page


Guests

Rachel Godsil
Alex Kreit
Anita Krishnakumar
Matthew Sag
Michael Zimmer






Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Michelle Anderson
Laura Appleman
Ann Bartow
Francesca Bignami
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Jennifer Collins
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
David Fagundes
Christine Haight Farley
Kim Ferzan
Dan Filler
Michael Froomkin
Amanda Frost
Timothy Glynn
Rachel Godsil
Eric Goldman
David Gray
Craig Green
Tristin Green
Jeffrey Harrison
Erica Hashimoto
Carissa Hessick
Laura Heymann
Robert Hillman
Christine Hurt
Darian Ibrahim
John Ip
Kevin Johnson
Dan Kahan
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Joseph Liu
Michael Madison
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
David Post
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Susan Scafidi
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Charles Sullivan
Rick Swedloff
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Sarah Waldeck
Melissa Waters
Alfred Yen
David Zaring
Timothy Zick
Spencer Weber Waller
Howard Wasserman
Frank Wu
Corey Yung
Jonathan Zittrain

Blogroll

Above the Law
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress