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

advertise-here4


Slip Opinions


Groundhog Day. (fp)

Banned in Tucson. (kw)

The Best and Worst of 2011 in Race and Law (kw)

Tortured to death for trespassing. (fp)

Drones of contention. (fp)

DOJ still coddling banks. (fp)

Creative destruction? Thank banks. (fp)

Blog about a new book, on how to talk to little girls--stressing smarts not cutes.   LAC

Macey on the heroic Rakoff. (fp)

Captured NY Fed. (fp)


solicitors

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments


    • Paul Robichaux on Physical Punishment and Parental Rights

    • JR on Physical Punishment and Parental Rights

    • Jan on Physical Punishment and Parental Rights

    • Mark on Physical Punishment and Parental Rights

    • Shag from Brookline on Omelets and Eggs

    • Shag from Brookline on Omelets and Eggs

    • Joe on What Exactly is Wrong With Polygamy?

    • Phil on What Exactly is Wrong With Polygamy?

    • Lee on Lifecycles and the Firm

    • Car accident claim lawyers on Symposium Next Week on "A Legal Theory for Autonomous Artificial Agents"

    • Andrew MacKie-Mason on Can't the Supreme Court Just Say No to Cameras?

    • Joe on Employment Division v. Smith is Wrong

    • Shag from Brookline on Employment Division v. Smith is Wrong

    • Joe on Employment Division v. Smith is Wrong

    • Joe on Super En Banc in the Ninth Circuit
  •  

    Site Meter

    About the Blog

    Concurring Opinions is a multiple authored, general interest legal blog.

    (Image: Wikicommons)

Brain as Belief Engine: Patternicity and Synchronicity

posted by Frank Pasquale

I recently got a chance to hear Cass Sunstein’s presentation on “Believing False Rumors” at a conference on privacy, free speech, and the Internet. Sunstein discussed the many dynamics leading to errant “informational cascades,” including self-defeating attempts at correction (which paradoxically tend to entrench the original mis-impression). This article by Michael Shermer discusses some biological bases for the problem:

In a September paper in the Proceedings of the Royal Society B, “The Evolution of Superstitious and Superstition-like Behaviour,” Harvard University biologist Kevin R. Foster and University of Helsinki biologist Hanna Kokko test my theory through evolutionary modeling and demonstrate that whenever the cost of believing a false pattern is real is less than the cost of not believing a real pattern, natural selection will favor patternicity. They begin with the formula pb > c, where a belief may be held when the cost (c) of doing so is less than the probability (p) of the benefit (b). For example, believing that the rustle in the grass is a dangerous predator when it is only the wind does not cost much, but believing that a dangerous predator is the wind may cost an animal its life.

Shermer calls our propensity to find “meaningful patterns in meaningless noise” patternicity. The same phenomenon could be observed on Wall Street. As Michael Lewis reports, when “asked what would happen to default rates if real estate prices fell[, t]he man at S.& P. couldn’t say; its model for home prices had no ability to accept a negative number. ‘They were just assuming home prices would keep going up.’” “Fixated on Friedman,” they were willfullly blind–though perhaps my moral judgment on results here is influencing my view as to their intent.


 November 26, 2008 at 7:16 pm   Posted in: Culture   Print This Post Print This Post

Responses (5)

  1. A.J. Sutter - November 27, 2008 at 7:42 am

    Does anyone share my concern about the encroachment of biological and “evolutionary” explanations into law and public policy? Cass Sunstein is a big proponent of this line of “reasoning”. When experiments are cited, e.g. those mentioned in Thaler & Sunstein’s Nudge, they’re usually based on participation of college or grad students in Anglo-Saxon, or at least Western, countries. Maybe they’re OK as evidence of how some Western people react, but Thaler & Sunstein’s readiness to generalize the results to biological explanation is misplaced. Now to invoke mathematical modeling, a current fad in biology, threatens to assimilate “biology” to economics. Mathematical models that can provide plausible ex-post explanations are taken as true. In the case of the model cited, notice how it’s phrased in terms of a prevailing economics/policy tool of the day, cost-benefit analysis. You’d think that the current visible impact of junk economics (i.e., most, if not all, of neoclassical theory) would be making more people cautious.

    Evolutionary explanations are notoriously easy to create ex-post. But it’s rather difficult to test them in vivo. I find it very troubling that this kind of unverifiable explanation might be given any weight by policy-makers. I think in retrospect (though, I hope, much sooner than that) we will recognize that this style of argumentation has a lot in common with the “scientific” racialist, eugenicist, etc. enthusiasms of a century ago. The utterly undemocratic tenor of Nudge betokens nothing benign. I’m surprised you’re so credulous.

  2. Patrick S. O'Donnell - November 27, 2008 at 10:18 am

    I share A.J.’s concerns, as many legal scholars seem a bit too anxious to paint a scientific gloss over their intuitions, hunches, “theories,” what have you. There remains a failure to apprecitate the liabilities of “scientism,” and an apparent naivete allows for a lack of awareness of the literature having to do with science and technology studies as well as the philosophy of science.

    With regard to the mathematical modeling (and as I’ve said elsewhere), one need not regard mathematics as such as a sin (rather, it’s a certain sort of mathematics and its rhetorical employment) to appreciate the post-positivist and scientistic “penchant for quantities” and the “fetish for measurement” that infect the natural and social sciences, symptomatic evidence for which is seen in the overweening preference for game theory, cost-benefit calculations, and Bayesian probability estimates (its paradigm of statistical inference serving as the epitome of empirical argument). In Fact and Method: Explanation, Confirmation and Reality in the Natural and Social Sciences (1987), Richard Miller cites Bayesian reasoning as the latest incarnation of positivist fantasy, “an excess of formalism in which truisms about likelihood (plausibility, simplicity, and so forth) are given one-sided readings and abstract results are developed at too far a remove from the problems to be solved.” Miller avers this latest round of falling head over heels for formalism is caused by “the triumph and prestige of the physical sciences, or ingrained ways of thinking in a highly monetary society, or both…”

    Much of this is an endeavor to formalize inductive reasoning so as to place it on par with its deductive counterpart, thereby according it the “rigor” and “robustness” that makes everyone’s eyes glaze over. As Gilbert Harman and Sanjeev Kulkarni remind us: “It is a category mistake to treat deduction and induction as two versions of the same category, because deduction and induction are of very different categories. Deductive arguments are abstract structures of propositions. Inductive reasoning is a process of change in view. There are deductive arguments in the sense of reasoning about deductions. There is inductive reasoning, but it is a category mistake to speak of inductive logic.”

    The avowedly neo-classical economist and economic historian Deidre McCloskey has documented the virtues and vices of the employment of mathematics in economics but while some in the profession may be listening, those in law and economics remain blissfully ignorant (as they apparently are of Hausman and McPherson’s Economic Analysis, Moral Philosophy, and Public Policy, 2006 ed.). Both McCloskey and Philip Mirowski would agree that it is no virtue to continue to commit the sins of economics, which “come,” in the words of the former, “from a pride in formalization, the making of great machines and monsters” (one of the latter’s books is aptly titled Machine Dreams: Economics Becomes a Cyborg Science, 2002). Hilary Putnam is on target: “This revolt against formalism is not a denial of the utility of formal models in certain contexts; but it manifests itself in a sustained critique of the idea that formal models, in particular, systems of symbolic logic, rule books of inductive logic, formalizations of scientific theories, etc.—describe a condition to which rational thought can or should aspire.” To paraphrase and quote again from Putnam, our conceptions of rationality cast a net far wider than all that can be scientized, logicized, mathematized, in short, formalized: “The horror of what cannot be methodized is nothing but method fetishism.”

    But evolutionary explanations sound SO SCIENTIFIC (just ask Steven Pinker…who is an otherwise very bright, clever and charming fellow)! I agree with Jerry Fodor (at least on this topic) who thinks David J. Buller’s Adapting Minds: Evolutionary Psychology and the Persistent Quest for Human Nature (2005) did not go far enough in its critique of evolutionary psychology, but one wanders if those eager to resort to evolutionary explanations have attempted to read any critiques that might spoil their fawning enchantment with such nonsense. In other words, as Putnam has said, we need to remind ourselves again and again that “the ‘scientific’ is NOT co-extensive with the ‘rational.’” In other words, the practice of science does not exemplify the quintessence of rationality or reason. Rather, it is but one embodiment or expression of such in one significant realm of intellectual inquiry and human affairs in general.

  3. Patrick S. O'Donnell - November 27, 2008 at 10:20 am

    And I didn’t even discuss the “brain is mind” conflation…some other time.

  4. Patrick S. O'Donnell - November 27, 2008 at 10:23 am

    Oops. That should have been “mind is brain” conflation.

  5. Jeff Lipshaw - November 29, 2008 at 5:16 pm

    My take in a slightly different context: Beetles, Frogs, and Lawyers: The Scientific Demarcation Problem in the Gilson Theory of Value Creation.

Leave a Reply

Spam protection by WP Captcha-Free


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Derek Bambauer
Gabriella Coleman
andré douglas pond cummings
David Gray
Brishen Rogers
Joseph Turow
Elizabeth A. Wilson













Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Marvin Ammori
Michelle Anderson
Laura Appleman
Taunya Lovell Banks
Ann Bartow
Steven Bellovin
Adam Benforado
Gaia Bernstein
Francesca Bignami
Josh Blackman
Joseph Blocher
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Ryan Calo
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Glenn Cohen
Jennifer Collins
Caroline Mala Corbin
Thomas Crocker
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
Maxine Eichner
Jessica Erickson
David Fagundes
Lisa Fairfax
Joshua Fairfield
Christine Haight Farley
Kim Ferzan
Dan Filler
Mary Anne Franks
Michael Froomkin
Amanda Frost
Brian Frye
Timothy Glynn
Rachel Godsil
Eric Goldman
Kyle Graham
David Gray
Craig Green
Tristin Green
Jonathan Hafetz
Meredith Harbach
Michelle Harner
Jeffrey Harrison
Hosea Harvey
Erica Hashimoto
Jennifer Hendricks
Carissa Hessick
Laura Heymann
Robert Hillman
Gilbert A. Holmes
Nicole Huberfeld
Christine Hurt
Darian Ibrahim
Sherrilyn Ifill
John Ip
Shavar Jeffries
Kevin Johnson
Kristin Johnson
Jeff Jonas
Courtney Joslin
Dan Kahan
Jeffrey Kahn
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Alicia Kelly
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Alex Kreit
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Youngjae Lee
Margaret Lewis
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Matthew Lister
Joseph Liu
Michael Madison
Kevin Noble Maillard
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Viva Moffat
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Angela Onwuachi-Willing
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
Michael J. Pitts
Marc Poirier
David Post
Amanda Pustilnik
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Marc Roark
Sasha Romanosky
Tuan Samahon
Susan Scafidi
David Schraub
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Judd Sneirson
Adam Steinman
Charles Sullivan
Rick Swedloff
Olivier Sylvain
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Ari Waldman
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

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

Blogroll

Above the Law
Access to Justice
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Derechoalderecho
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
Just Books
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
TeachPrivacy 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