Preview

Are People Rational (in the Economist’s Sense) and Reasonable (in the Lawyer’s Sense)? Whatever Your Answer to That Question, Does It Matter?

Best Essays
Open Document
Open Document
3201 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Are People Rational (in the Economist’s Sense) and Reasonable (in the Lawyer’s Sense)? Whatever Your Answer to That Question, Does It Matter?
“It has been said something as small as the flutter of a butterfly’s wing can ultimately cause a typhoon halfway around the world.” ~ Chaos Theory

Everyday, you make decisions that affect the path that you have taken, to different degrees, resulting in the current situation you now find yourself in. Chaos Theory reflects the fact that however small the decision may be, the consequences have the potential to be substantial. These day-to-day decisions, may have huge implications on tomorrow’s, thus one would believe/hope that they are made rationally and reasonably. This essay aims to discuss whether these decisions we make are rational in the economic sense and reasonable in the lawyer’s sense and whether it ultimately matters?

Rationality and reasonability are inseparable from decisions (Sibley; 1953). Every decision an individual makes is made, perhaps unconsciously, in the belief that it is rational and reasonable in their current environment as we would not make them otherwise. Their rationality and reasonability comes under scrutiny from third parties, after the decision has been made with the benefit of hindsight (Sibley; 1953). The opinions I express on every case study that follows is of course one with hindsight, it is impossible for me to put myself in exactly the same situation as the individual who made the decision due to different life experiences in the short (on the day) and long (that month or the rest of his/her life) term. We believe there is a rational explanation for any decision’s success of or failure (Mankiw & Taylor; 2006). As we analyse the outcome of a decision, we are uncomfortable unless we can find solid evidence to explain what happened. We have difficulty in accepting the chaos of life as an answer (Hoffer; 1985).

The Oxford English Dictionary defines the colloquial meaning of the word rational (of a person) as being “able to think clearly, sensibly and logically” (OED; 2004). The economist believes that rational people



References: Allen, J.A. (2005) “Textbook on Criminal Law”, Oxford, GB, Oxford University Press. Concise Oxford English Dictionary (OED). (2004). Oxford University Press. Cooter R. (1998) “Models of Morality in Law and Economics: Self-Control and Self-Improvement for the Bad Man of Holmes” Boston University Law Review Issue 78. Cooter, R. & Ulen T. (2007) “Law & Economics” Addison-Wesley; 5th Edition. Gaus, G.F. (2005) “Reasonable Utility Functions & Playing the Cooperative Way”, Fagothey Philosophy Conference, Santa Clara University and the Universidad Torcuato Di Tella, Buenos Aires. Hoffer, W. (1985) “Being reasonable is not always rational”, Nation’s Business Publication (April 1985), US Chamber of Commerce. Honore, T. (1995) “About Law: An Introduction” Clarendon Press, Oxford Press; New York. Mankiw, N.G. & Taylor, M.P. (2006) “Economics” London: Thomson Publisher. Scott J. (2000) "Understanding Contemporary Society - Theories of the Present: Chapter 9 - Rational choice theory", London: SAGE Publications Ltd. Sibley, W.M. (1953) “The Rational Versus the Reasonable”, The Philosophical Review, Vol. 62, No. 4 (Oct., 1953), pp.554-560, Philosophical Review, Duke University Press. Young, R. (2010) Lecture Notes, Nottingham University Business School. Zedner, L. (2004) “Criminal Justice”, Oxford: Oxford University Press.

You May Also Find These Documents Helpful

  • Powerful Essays

    Simon, H. A. (1997). Models of Bounded Rationality, Vol. 3: Emperically Grounded Economic Reason. The MIT Press.…

    • 1369 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    The book, Sway: The Irresistible Pull of Irrational Behavior, by Ori Brafman and his brother, Rom Brafman dives into the way that we make decisions. Why do humans make the horrible decisions we do when logic would tell us to act otherwise? There are several psychological influences that sway our decision-making ability according to the Brafman brothers. The authors look at several different factors, with a lot of fascinating and logic-breaking examples. This book will help you understand the decisions you make. In many circumstances times when logic would dictate that we take a certain action, we take the opposite. To illustrate, just ask yourself why you have stayed so long in a doomed relationship? Why was it so hard to sell a stock that has lost much of its value…or to sell your house if it will be for less than you paid for it? In their book, Sway, Ori and Rom Brafman explore our decision making process and what influences our behavior. Hence, the subtitle, The Pull of Irrational Behavior is used.…

    • 1988 Words
    • 8 Pages
    Powerful Essays
  • Satisfactory Essays

    Rational choice theory teaches that a person will look at a current situation and decide that an immediate need must be met through illegal action. For example, a normally law abiding citizen is watching his or her family go hungry. To meet the feeding need of his or her family, that person will break the law and steal. Because the benefit (not starving to death) outweighs the risk of being caught.…

    • 316 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The rational choice perspective has a six core concepts and four decision making models: criminal behavior is purposive, criminal behavior is rational, criminal decision-making is crime-specific, criminal choices fall into two board groups: ’involvement’ and ‘event’ decisions, there are separate stages of involvement, criminal events unfold in a sequence of stages and decisions(Cornish and Clark). Criminal behavior is purposive when a person decided to commit an offense just to satisfy their needs and wants. Criminal behavior is rational when an individual commit an offense because of the benefits that might get despite how risky is their action just to achieve that goal. Criminal decision making is crime specific, it’s because each individual…

    • 288 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Essay Final Draft

    • 506 Words
    • 1 Page

    to be able to make rational decisions. If one cannot make rational decisions then one will either…

    • 506 Words
    • 1 Page
    Good Essays
  • Satisfactory Essays

    Rational choice theory definition is the view that people behave as they do because they believe that performing their chosen actions has more benefits than costs. That is, people make rational choices based on their goals, and those choices govern their behavior. David Kwiatkowski, his risks was minimal at first because his co-workers and girlfriends were helping him get the drugs. But as time went on, David moved from place to place and with each different job he learned more about how the system worked. Then another factor is the fact is that he was not always alone in what he was doing. Meaning other co-workers was doing exactly what he was doing and they may not have known about each other but he was not only using his job to his benefit.…

    • 289 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Going through severe pain changes a person, it changes the way one thinks, it changes how one sees the world. For Dan Ariely, an unforeseen explosion at the age of eighteen turned his life around and left him in critical condition. Third degree burns covering almost a third of his body kept him covered in bandages for three years and had him analyzing the nurses’ decisions. The exploration of why and how the caretakers chose to treat the patients led Ariely, a behavioral economist, to write Predictably Irrational: The Hidden Forces That Shape Our Decisions. The author performs a series of social experiments and discusses how little control we have over the choices we make on a daily basis.…

    • 1462 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Regardless of time, culture, or location, individuals frequently come in contact with the omnipresent issue of decision making. In order to arrive at a conclusion, a person needs a sense of assurance in which to make a decision. One’s failure to take a position due to a lack of security does not necessarily constitute a disadvantage. On the contrary, even though one’s certainty in a situation may build confidence, the benefits of doubt outweigh those of certainty, for not only does doubt provide hope and allow one to have conversations with others without the presence of biased thoughts, it also leads to the much progressed legal system that exists today.…

    • 482 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Certainty Versus Doubt

    • 694 Words
    • 3 Pages

    Behind every risk of decision made, or that will ever be made, lies certain varying degrees of certainty and doubt; the individual must decide based on the situation. However, in relation to both short term and long term activities, people should not act with a high degree of certainty, but rather act with a sensible, if not a considerable amount of doubt. In fact, the masses should act with a heavier amount of doubt, and a minuscule amount of certainty; either to save themselves from excessive pretension, or for the safety of themselves and those around them.…

    • 694 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Rational Choice Theory can be ultimately described as a theory in which political decisions are connected to the economy and future economic decisions (Boscarino). In this model, risks and consequences are deeply researched and calculated based on one’s own self-interest and the Laws of Matter. Conversely, in Stone’s Polis model, the influence for decision-making comes from others and society through values like loyalty, in order to promote the public interest. Although the Rational Choice Theory’s primary influence for decision making is “selfish”, that does not mean that these individual decisions cannot together result in a decision that ultimately benefits both the individual and the society as a whole. In fact, it has been reported that by maximizing one’s own self-interest, it coerces individuals to become productive and resourceful, which in turn, places the community at a better economic standpoint (Stone 2012,…

    • 1263 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Critical Thinking Matters

    • 829 Words
    • 4 Pages

    The article starts with emphasizing the importance of making good decisions and practicing fair judgments comparing with enduring the consequences of uninformed and bad choices.…

    • 829 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Personal Responsibility

    • 1255 Words
    • 6 Pages

    Nelkin, D. K. (2008, December). Responsibility and rational abilities: defending an asymmetrical view. Pacific Philosophical Quarterly, 89 (Issue 4), 497-515.…

    • 1255 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    According to Dunn (1994:330), rationality is a self conscious process of using explicit reasoned arguments to make and defend knowledge claims. The rational model of policy and decision making, although heavily criticized, is the most widely used and/or discussed model. The purpose of this short essay is to explore the reasons. It starts the discussion with the definition of the rational model, and then the rational comprehensive theory, and thereafter the concept of bounded rationality. Just before the conclusion, the paper discusses some criticisms of the rational model.…

    • 2813 Words
    • 12 Pages
    Powerful Essays
  • Powerful Essays

    Predictably Irrational: The hidden forces that shape our decisions, by Dan Ariely. Harpercollins, 2009. Reviewed by Sanila Pradhan.…

    • 1186 Words
    • 4 Pages
    Powerful Essays