The Great Attributional Divide: How Divergent Views of Human Behavior are Shaping Legal Policy

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The Great Attributional Divide: How Divergent Views of Human Behavior are Shaping Legal Policy

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Title: The Great Attributional Divide: How Divergent Views of Human Behavior are Shaping Legal Policy
Author: Hanson, Jon; Benforado, Adam

Note: Order does not necessarily reflect citation order of authors.

Citation: Adam Benforado & Jon Hanson, The Great Attributional Divide: How Divergent Views of Human Behavior are Shaping Legal Policy, 57 Emory L.J. 311 (2008).
Access Status: At the direction of the depositing author this work is not currently accessible through DASH.
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Abstract: This article, the first of a multipart series, argues that a major rift runs across many of our major policy debates based on our attributional tendencies: the less accurate dispositionist approach, which explains outcomes and behavior with reference to people's dispositions (i.e., personalities, preferences, and the like), and the more accurate situationist approach, which bases attributions of causation and responsibility on unseen influences within us and around us. Given that situationism offers a truer picture of our world than the alternative, and given that attributional tendencies are largely the result of elements in our situations, identifying the relevant elements should be a major priority of legal scholars. With such information, legal academics could predict which individuals, institutions, and societies are most likely to produce situationist ideas - in other words, which have the greatest potential for developing the accurate attributions of human behavior that are so important to law.
Published Version: http://www.law.emory.edu/fileadmin/journals/elj/57/57.2/Benforado_Hanson.pdf
Other Sources: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1106684
Citable link to this page: http://nrs.harvard.edu/urn-3:HUL.InstRepos:3175196

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