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- Matthew D. Adler, Bounded Rationality and Legal Scholarship.Decision theory seems to offer a very attractive normative framework for individual and social choice under uncertainty. The decisionmaker should think of her choice situation, at any given moment, in terms of a set of possible outcomes, that is, specifications of the possible consequences of choice, described in light of the decisionmaker's goals; a set of possible actions; and a "state set" consisting of possible prior "states of the world." It is this framework for choice which provides the foundation for expected utility theory, as demonstrated in the work of Leonard Savage. Problems arise, however, when the decisionmaker is boundedly rational: when the mental process of thinking about outcomes, actions, and states is itself expensive and time consuming. In the case of the unboundedly rational decisionmaker, decision theory enjoins her to employ maximally specific outcomes; to consider all possible actions; and to use a set of mutually exclusive and collective exhaustive states, each of which is sufficiently finely specified so that each action, together with each state, yields one and only one maximally specific outcome. In the case of the boundedly rational decisionmaker, this procedure is either infeasible or, if feasible, irrational. This paper presents the problem of bounded rationality. It surveys possible solutions, none of which are found to be attractive. And it concludes by discussing the difficulties that the problem of bounded rationality poses for the welfarist program for legal scholarship presented by Louis Kaplow and Steven Shavell in their book, Fairness versus Welfare.
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With the discovery of voluminous discordant empirical evidence, maximizing expected utility is rapidly disappearing as the core of the theory of human rationality, and a theory of bounded rationality, embracing both the processes and products of choice, is replacing it. There remains a large task of organizing our picture of economic and social processes and adding the new facts needed to shape the theory in an empirically sound way. It is also urgent that new tools now available for conducting empirical inquiry and constructing models be incorporated in social science graduate education.
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| | Other links: dx.doi.org | Scholar | At my library | More options ... This paper offers a personal reflection on the value of legal scholarship. It is set in the context of the contemporary literature on the state of contemporary legal scholarship. The paper argues that the state of contemporary legal scholarship is too often evaluated on the exclusive basis of the style and content of legal scholarly works. The challenge that this paper seeks to meet is to provide a broader and richer platform upon which legal scholarship can and should be evaluated. That challenge is met by offering a brief account of the five responsibilities of legal scholarship (reading, writing, teaching, collegiality, and engagement). These five responsibilities are designed to provide a framework for imagining the institutional life of a legal scholar. The paper argues that it is that full life, rather than merely the scholarly output, that should necessarily be included in any assessment of the state of contemporary legal scholarship.
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| | Scholar | More options ... Instrumental rationality requires that an agent selects those actions that give her the best outcomes. This is the principle of consequentialism. It may be that it is not the only requirement of this form of rationality. Considerations other than the outcomes may enter the picture as well. However, the outcome(s) of an action always play a role in determining its rationality. Seen in this light consequentialism is a minimum requirement of instrumental rationality. Therefore, any theory that tries to spell out the implications of instrumental rationality, in particular expected utility theory, should subscribe to the principle of consequentialism. Or so it seems.
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| | Other links: hdl.handle.net journals.cambridge.org dx.doi.org | Scholar | At my library | More options ... This article concerns the prescriptive function of decision analysis. Consider an agent who must choose an action yielding welfare that varies with an unknown state of nature. It is often asserted that such an agent should adhere to consistency axioms which imply that behavior can be represented as maximization of expected utility. However, our agent is not concerned the consistency of his behavior across hypothetical choice sets. He only wants to make a reasonable choice from the choice set that he actually faces. Hence, I reason that prescriptions for decision making should respect actuality. That is, they should promote welfare maximization in the choice problem the agent actually faces. Any choice respecting weak and stochastic dominance is rational from the actualist perspective.
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| | Other links: dx.doi.org | Scholar | At my library | More options ... The study of rationality and practical reason, or rationality in action, has been central to Western intellectual culture. In this invigorating book, John Searle lays out six claims of what he calls the Classical Model of rationality and shows why they are false. He then presents an alternative theory of the role of rationality in thought and action.
A central point of Searle's theory is that only irrational actions are directly caused by beliefs and desires—for example, the actions of a person in the grip of an obsession or addiction. In most cases of rational action, there is a gap between the motivating desire and the actual decision making. The traditional name for this gap is "freedom of the will." According to Searle, all rational activity presupposes free will. For rationality is possible only where one has a choice among various rational as well as irrational options.
Unlike many philosophical tracts, Rationality in Action invites the reader to apply the author's ideas to everyday life. Searle shows, for example, that contrary to the traditional philosophical view, weakness of will is very common. He also points out the absurdity of the claim that rational decision making always starts from a consistent set of desires. Rational decision making, he argues, is often about choosing between conflicting reasons for action. In fact, humans are distinguished by their ability to be rationally motivated by desire-independent reasons for action. Extending his theory of rationality to the self, Searle shows how rational deliberation presupposes an irreducible notion of the self. He also reveals the idea of free will to be essentially a thesis of how the brain works.
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| | Other links: mitpress.mit.edu informaworld.com | Scholar | At my library | More options ... Creationism is usually regarded as an irrational set of beliefs. In this paper I propose that the best way to understand why individual learners settle on any mature set of beliefs is to see that as the developmental outcome of a series of “fast and frugal” boundedly rational inferences rather than as a rejection of reason. This applies to those whose views are opposed to science in general. A bounded rationality model of belief choices both serves to explain the fact that folk traditions tend to converge on “anti-modernity”, and to act as a default hypothesis, deviations from which we can use to identify other, arational, influences such as social psychological, economic and individual dispositions. I propose some educational and public policy strategies that might decrease the proportion of learners who find creationism and anti-science in general a rational choice.
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| | Scholar | At my library | More options ... Empirical research on Rational Choice Theory has brought up two focus of the economics laws problem. On one hand, we find the authors who state that the neoclassical economics laws are explanatory and predictive on specific cases: in transparent contexts in which the standard rationality operates successfully. On the other hand, we find the authors who state that the descriptive theories of the rational choice opens up a research path in which fundamental principles of the neoclassical building could be questioned. Both view points have generated an important standard Rational Choice Theory revision what has produced the so called descriptive view point . It implies understanding that most of the choices take place under risky or uncertainty conditions and, that, these choices are far more complex than the normative Rational Choice Theory supposes. This article's main goal is to expand the descriptive point of view in rational choice, theorizing how some factors, coming from the social and cultural environment, operate within the rational choice. Into space of this research essay we find the debatable question of whether these sort of proposals expands the explanation of the deviation of the rational choice normative theory, and that, of the disturbing causes of the microeconomics laws, or they call into question fundamental principles of these laws and therefore they are opening the possibility to focus some economics issues in a new different manner.
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| | Scholar | At my library | More options ... In this article the theoretic evolution and the empirical-experimental efforts that have led to the affirmation of the bounded/procedural rationality paradigm are discussed. Moreover, the debate on supporters of the "optimization" approach and supporters of the "bounded/procedural rationality" approach is traced, highlighting the irreconcilability of these two approaches and, in retort, a solid defense against a merely "reductionist" attempt of the innovative context of the Simonian theory. Critically going over the debate on decision dynamics, it becomes clear how, due to the uncertain nature of rational processes, it is impossible to establish the decision-making best way. The imperfect character of individual choice is explained by how the decider identifies a solution that appears satisfying in that moment due to cognitive and temporal limits.
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| | Scholar | At my library | More options ... A generalized theory of revealed preference is formulated for choice situations where the consequences of choices from given menus are uncertain. In a nonprobabilistic framework, rational choice behavior can be defined by requiring the existence of a preference relation on the set of possible consequences and an extension rule for this relation to the power set of the set of consequences such that the chosen sets of possible outcomes are the best elements in the feasible set according to this extension rule. Rational choice is characterized under various assumptions on these relations.
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| | Other links: jstor.org | Scholar | At my library | More options ... This paper looks at a dispute decision theory about how best to characterize expected utility maximization and express the logic of rational choice. Where A1, … , An are actions open to some particular agent, and S1, … , Sn are mutually exclusive states of the world such that the agent knows at least one of which obtains, does the logic of rational choice require an agent to consider the conditional probability of choice Ai given that some state Si obtains, Prob(Ai/Si). Or, is the logic of choice better represented by considering the probability of the counterfactual if Ai then Si,
Prob(Ai ⟥-> Si). Causal decision theory, developed by Allan Gibbard, William Harper, and David Lewis defend the counterfactual analysis; whereas, Richard Jeffrey and others defend the conditional probability analysis, evidential decision theory. I argue that the problems posed by cases of decision instability favor evidential decision theory.
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| | Other links: informaworld.com tandfonline.com dx.doi.org | Scholar | At my library | More options ... Discussion of Matthew D. Adler, Bounded rationality and legal scholarship
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