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The problem with ‘dots’: questioning the role of rationality in the online environment

journal contribution
posted on 2018-04-19, 13:20 authored by Mark Leiser
Regulatory theorists often use the ‘dot’ as a metaphor to help conceptualise their models of a given environment. Lessig famously used the ‘pathetic dot’ in his classic, “Code and Other Laws of Cyberspace” and Murray’s “Regulation of Cyberspace” used interconnected dots to help describe networked communitarianism and to discuss the effectiveness and implementation of symbiotic regulation. However in both models, the dot is seen as a rational actor. The rational ‘dot’ is presumed to have a complete set of preferences and the ability to gather all the necessary information in order to make an informed decision that optimally reflect their choices and preferences. However, research from psychology and increasingly economics has shown that humans are often prone to making errors in judgements. The paper argues that using the metaphor of dots to describe how rational actors behave in the digital environment is problematic. Actors deploy heuristics when making judgements resulting in systematic errors and biases, often compromising assumptions of the regulator. Accordingly, the way actors behave in the online environment is not rational at all; thus, models built on rationality start from a false premise.

History

Citation

International Review of Law, Computers & Technology, 2016, 30 (3), pp. 191-210

Author affiliation

/Organisation/COLLEGE OF SOCIAL SCIENCES, ARTS AND HUMANITIES/Leicester Law School

Version

  • AM (Accepted Manuscript)

Published in

International Review of Law

Publisher

Taylor & Francis

issn

1360-0869

eissn

1364-6885

Copyright date

2016

Available date

2018-04-19

Publisher version

https://www.tandfonline.com/doi/full/10.1080/13600869.2016.1145952

Language

en

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