The Behavioral Code by The Hidden Ways the Law Makes Us Better or Worse

The Behavioral Code by The Hidden Ways the Law Makes Us Better or Worse

Author:The Hidden Ways the Law Makes Us Better or Worse
Language: eng
Format: epub
Publisher: Beacon Press


All of this brings us to the core of this chapter. The law’s effect on behavior very much depends on people’s abilities to act in a way that the law demands. And, whether we like it or not, people’s personal situations and the broader social and economic contexts they live in can undermine their ability to comply.

Maria Sharapova broke doping rules because she did not know them. Patrick Marlborough kept on stealing because he could not control his impulses. The kid in school started to act out and break school rules because of the pressure of racism and because he felt he had to protect his dignity. And the business owner started to cut bad checks because she felt she had to save her business and provide for her family.

In each of these cases, people broke the rules because of the situation they were in. They either lacked a certain capacity, like legal knowledge or self-control, or lived under pressure of a broader context they sought to cope with. Each of these statements can be seen as making an excuse for bad behavior. But we are not excusing it—we are explaining why it happened and why it will continue to happen. Each of these statements shows how the behavioral code is at play. They show that rule-breaking behavior is not just a free decision in which people weigh the costs and benefits or respond to punishment threats. Bad behavior also exists because people lack the capacity, ability, or opportunity to act better and comply with the law.

This is a very different approach to tap into the behavioral code and improve human responses to the law. We have cops and others trying to discipline people into good conduct, economists trying to get the incentives right, people acting as a role models to socially sway better behavior, and others trying to morally convince people that compliance is right. But other roles are necessary—those of the educator, the counselor, and the investor.81 The educator can teach the people what the laws are, how to comply, and what potential paths lie ahead of them. The counselor can help people strengthen their self-control and empower them to cope with life’s challenges in a more positive and less damaging or illegal manner. And the investor can focus on socioeconomic opportunities and ensure that more people can achieve their aspirations and reduce their overall pressures and strains.

None of this is easy. And much of it is uncomfortable. It may feel much better to see rule breakers as bad people who will only respond to pain and punishment. To fully tap into this part of the behavioral code requires a particular mindset, a positive view that believes that most people and misconduct are still malleable. It requires seeing hope in human nature.



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