1 00:00:02,040 --> 00:00:06,000 Speaker 1: This is Master's in Business with Barry rid Holds on 2 00:00:06,240 --> 00:00:09,520 Speaker 1: Bloomberg Radio. 3 00:00:09,320 --> 00:00:13,640 Speaker 2: This week on the podcast What Can I Say? Cass 4 00:00:13,840 --> 00:00:21,680 Speaker 2: Sunstein is an intellectual force in American jurisprudence, law, behavioral finance, 5 00:00:21,880 --> 00:00:25,639 Speaker 2: public policy. I don't even know where else to go. 6 00:00:26,480 --> 00:00:34,120 Speaker 2: What a fascinating career and really incredibly interesting person. I 7 00:00:34,159 --> 00:00:37,760 Speaker 2: guess life is easy when you're co authors are all 8 00:00:37,840 --> 00:00:43,360 Speaker 2: Nobel laureates or George Lucas. He's just he's just done 9 00:00:43,440 --> 00:00:47,840 Speaker 2: so many amazing things in a career that spans everywhere 10 00:00:47,920 --> 00:00:54,120 Speaker 2: from the Supreme Court to the Chicago School of Business 11 00:00:54,160 --> 00:00:58,640 Speaker 2: and the Chicago School of Law, Harvard Law School, and 12 00:00:59,240 --> 00:01:05,960 Speaker 2: just multiple public policy positions, public service positions for the 13 00:01:06,000 --> 00:01:09,240 Speaker 2: White House, for the Attorney General's Office, for the Pentagon. 14 00:01:10,080 --> 00:01:15,720 Speaker 2: I mean, his influence is just so far reaching and 15 00:01:15,800 --> 00:01:20,440 Speaker 2: fascinating you kind of forget that he also teaches law 16 00:01:20,800 --> 00:01:26,040 Speaker 2: at Harvard. I found this conversation to be delightful, entrancing, 17 00:01:26,080 --> 00:01:29,920 Speaker 2: and fascinating, and I think you will also, with no 18 00:01:30,000 --> 00:01:34,520 Speaker 2: further ado, my sit down with Harvard Laws Cass Sunstein. 19 00:01:34,959 --> 00:01:37,560 Speaker 2: Cass Sunstein, Welcome to Bloomberg. 20 00:01:37,800 --> 00:01:39,319 Speaker 1: Thank you a great pleasure to be here. 21 00:01:39,680 --> 00:01:42,959 Speaker 2: Thank you so much for joining us. So you co 22 00:01:43,040 --> 00:01:46,679 Speaker 2: author two books with two Nobel laureates and you practically 23 00:01:46,680 --> 00:01:49,160 Speaker 2: write a third one with George Lucas. How much fun 24 00:01:49,240 --> 00:01:49,520 Speaker 2: is that? 25 00:01:50,280 --> 00:01:54,400 Speaker 1: Well, I'd say it was amazing. Writing on Star Wars 26 00:01:54,560 --> 00:01:57,960 Speaker 1: was crazy fun, yeah, and also a very unlikely thing 27 00:01:58,000 --> 00:02:00,880 Speaker 1: for a law professor to do. Writing a book with 28 00:02:00,960 --> 00:02:04,240 Speaker 1: Dick Taylor was not crazy fun, but was really fun 29 00:02:04,280 --> 00:02:05,639 Speaker 1: because he's fun. 30 00:02:06,200 --> 00:02:10,320 Speaker 2: There's nobody in the world of economics or behavioral finance 31 00:02:10,520 --> 00:02:12,840 Speaker 2: like Dick Taylor. He's one of my favorite people. 32 00:02:13,040 --> 00:02:16,280 Speaker 1: Agreed, he's unique, and writing with him was a joy 33 00:02:16,440 --> 00:02:21,040 Speaker 1: and a laugh a minute. Writing with Danny Kahneman was astonishing. 34 00:02:21,320 --> 00:02:24,639 Speaker 1: He's the most creative person I've ever met. He's also 35 00:02:25,160 --> 00:02:28,799 Speaker 1: immensely self critical. He's almost as critical of his co 36 00:02:28,880 --> 00:02:32,400 Speaker 1: authors as he is of himself. And it was a 37 00:02:32,639 --> 00:02:38,440 Speaker 1: roller coaster and an incredible learning experience, and his integrity 38 00:02:38,560 --> 00:02:42,200 Speaker 1: and sense of we can do better kept me up 39 00:02:42,320 --> 00:02:42,919 Speaker 1: most nights. 40 00:02:43,200 --> 00:02:48,480 Speaker 2: He supposedly agonizes over every word, every sentence. There. Nothing 41 00:02:48,800 --> 00:02:52,160 Speaker 2: gets published without being looked over nine ways from something. 42 00:02:51,960 --> 00:02:54,760 Speaker 1: That understates that. So you got an email maybe at 43 00:02:54,760 --> 00:02:58,320 Speaker 1: four in the morning saying this chapter is horrible. I 44 00:02:58,320 --> 00:03:00,400 Speaker 1: don't know how we could have written it. The whole 45 00:03:00,440 --> 00:03:02,600 Speaker 1: book is horrible. I don't know why we decided to 46 00:03:02,600 --> 00:03:05,280 Speaker 1: write it. And then two hours later he'd say, I 47 00:03:05,320 --> 00:03:07,919 Speaker 1: see the fundamental flaw and we have to give up. 48 00:03:08,280 --> 00:03:10,720 Speaker 1: And then an hour later, maybe four forty five in 49 00:03:10,760 --> 00:03:12,760 Speaker 1: the morning, he'd say, I might have a way to 50 00:03:12,800 --> 00:03:15,360 Speaker 1: correct the fundamental flaw, but I don't think so. And 51 00:03:15,360 --> 00:03:17,880 Speaker 1: then at five point fifteen in the morning, I'll send 52 00:03:17,919 --> 00:03:20,040 Speaker 1: you a note saying I have a glimmer of an insight. 53 00:03:20,120 --> 00:03:23,000 Speaker 1: It's probably going to fail, but I'm going to try it. 54 00:03:23,040 --> 00:03:24,880 Speaker 1: And then at five point forty five in the morning 55 00:03:24,919 --> 00:03:27,560 Speaker 1: he says, I have a new draft of the entire 56 00:03:27,720 --> 00:03:30,400 Speaker 1: chapter which was a catastrophe, and I'm sure this is 57 00:03:30,520 --> 00:03:33,160 Speaker 1: very bad too, but it's less catastrophic. 58 00:03:34,080 --> 00:03:36,360 Speaker 2: That sounds like. Just skip to the last one and 59 00:03:37,120 --> 00:03:39,600 Speaker 2: read that. So we'll get into a lot of your 60 00:03:39,600 --> 00:03:42,520 Speaker 2: writings a little later, but before I want to dive 61 00:03:42,560 --> 00:03:46,040 Speaker 2: into your background. You graduate Harvard with a BA in 62 00:03:46,120 --> 00:03:50,120 Speaker 2: seventy five, Harvard Law School in seventy eight. I assume 63 00:03:50,280 --> 00:03:53,880 Speaker 2: the nineteen seventies were very different than the eighties and nineties, 64 00:03:54,200 --> 00:03:56,680 Speaker 2: when so many people at places like Harvard Law. I 65 00:03:56,760 --> 00:03:59,520 Speaker 2: wanted to go to Wall Street. What was that era 66 00:03:59,800 --> 00:04:02,200 Speaker 2: like at an Ivy League law school. 67 00:04:02,600 --> 00:04:07,080 Speaker 1: It was the aftermath of the nineteen sixties, so it 68 00:04:07,200 --> 00:04:11,760 Speaker 1: was later than all the Civil rights and Vietnam stuff, 69 00:04:11,880 --> 00:04:17,120 Speaker 1: but it was like a wave that was starting to recede, 70 00:04:17,160 --> 00:04:20,719 Speaker 1: but extremely visible. So there were people who wanted to 71 00:04:20,760 --> 00:04:25,040 Speaker 1: have great careers and whatever they could find. There were 72 00:04:25,040 --> 00:04:27,000 Speaker 1: people who thought, I want to make the world better. 73 00:04:27,480 --> 00:04:29,200 Speaker 1: There are people who thought, I'm kind of sick of 74 00:04:29,200 --> 00:04:31,200 Speaker 1: people who want to make the world better. I don't 75 00:04:31,240 --> 00:04:34,800 Speaker 1: want to be like that. And there were different categories 76 00:04:34,839 --> 00:04:37,599 Speaker 1: of types. There was a lot of intensity. There was 77 00:04:37,600 --> 00:04:41,440 Speaker 1: a sense that our country had been through something very 78 00:04:41,760 --> 00:04:45,440 Speaker 1: traumatic and thrilling, and the question is in what direction 79 00:04:45,520 --> 00:04:47,440 Speaker 1: were we going to go? It was pre Reagan era, 80 00:04:48,040 --> 00:04:50,279 Speaker 1: and you could kind of see the dawn of the 81 00:04:50,279 --> 00:04:53,080 Speaker 1: Reagan era and some of my classmates, and you could 82 00:04:53,080 --> 00:04:55,960 Speaker 1: see even the dawn of some of the woke stuff 83 00:04:56,000 --> 00:05:00,680 Speaker 1: today and some of my classmates critical race theory kind 84 00:05:00,680 --> 00:05:03,279 Speaker 1: of about to be born, and you could see the 85 00:05:03,360 --> 00:05:05,720 Speaker 1: origins of it there as well as you could see 86 00:05:05,760 --> 00:05:10,480 Speaker 1: the Federal Society, which is the conservative movement that's had 87 00:05:10,520 --> 00:05:15,640 Speaker 1: an amazing influence that the theoretical foundations were kind of 88 00:05:15,680 --> 00:05:19,080 Speaker 1: being laid by twenty somethings in the seventies. 89 00:05:19,680 --> 00:05:23,200 Speaker 2: Interesting, So you clerk for Justice Benjamin Caplan on the 90 00:05:23,240 --> 00:05:28,880 Speaker 2: Massachusetts Supreme Court and then clerk for Justice Thurgood Marshal 91 00:05:28,960 --> 00:05:31,480 Speaker 2: at the Supreme Court of the United States, and this 92 00:05:31,560 --> 00:05:34,480 Speaker 2: is seventy nine eighty. Tell us a little bit about 93 00:05:34,520 --> 00:05:36,240 Speaker 2: what those experiences were like. 94 00:05:36,960 --> 00:05:41,200 Speaker 1: Well, Justice Kaplan on the Massachusetts Supreme Court, he's not 95 00:05:41,320 --> 00:05:44,680 Speaker 1: in the history books, but he could be. He was 96 00:05:44,720 --> 00:05:50,159 Speaker 1: a person who was fair and rigorous, and it's almost 97 00:05:50,240 --> 00:05:53,920 Speaker 1: like there's one word for Caplin, fair and rigorous. And 98 00:05:54,400 --> 00:05:56,960 Speaker 1: he was a little like Daddy Kahneman in the sense 99 00:05:57,000 --> 00:06:00,960 Speaker 1: that he'd obsessed over every word. He also was very 100 00:06:00,960 --> 00:06:03,920 Speaker 1: critical of himself, and he could be very critical of 101 00:06:03,960 --> 00:06:07,520 Speaker 1: his clerks. At one point I was told before I started, 102 00:06:07,560 --> 00:06:09,640 Speaker 1: he's going to take you in the equivalent of woodshed, 103 00:06:10,120 --> 00:06:12,760 Speaker 1: and kind of threatened to fire you. And sure enough 104 00:06:12,800 --> 00:06:16,719 Speaker 1: that happened, and I reacted with fire. I said to him, 105 00:06:16,760 --> 00:06:21,040 Speaker 1: this is unfair. And it was quite an encounter. And 106 00:06:21,320 --> 00:06:23,240 Speaker 1: the next day said are you still mad at me? 107 00:06:23,480 --> 00:06:26,800 Speaker 1: Which was a recognition of my humanity, and I said, 108 00:06:26,800 --> 00:06:30,239 Speaker 1: I still think you were unfair, and we became great friends, 109 00:06:30,360 --> 00:06:32,200 Speaker 1: and I learned so much from him. He had been 110 00:06:32,200 --> 00:06:35,680 Speaker 1: a Harvard professor, maybe the best Harvard professor of his generation, 111 00:06:36,200 --> 00:06:41,800 Speaker 1: and he was an extraordinary judge. Marshall was the historic 112 00:06:41,920 --> 00:06:46,520 Speaker 1: person and larger than life, and full of humor and 113 00:06:46,600 --> 00:06:51,839 Speaker 1: wit and moral commitment that was never drawing attention to itself. 114 00:06:51,880 --> 00:06:54,560 Speaker 1: It was more about the people. It was never about himself. 115 00:06:55,080 --> 00:06:58,839 Speaker 1: And what I learned from Marshall is where lawyers typically 116 00:06:59,000 --> 00:07:02,880 Speaker 1: at least of the supreme level, focus on paper and think, 117 00:07:03,000 --> 00:07:05,840 Speaker 1: you know it was the argument solid is the other 118 00:07:05,920 --> 00:07:09,840 Speaker 1: paper better papers, which lawyer has the better of, the 119 00:07:09,920 --> 00:07:14,560 Speaker 1: argument on precedence, on statutes. Marshall, of course thought about 120 00:07:14,560 --> 00:07:17,600 Speaker 1: all of those things, but he saw behind the paper 121 00:07:17,680 --> 00:07:21,640 Speaker 1: people and that was an enduring lesson for me, that 122 00:07:21,680 --> 00:07:25,360 Speaker 1: there was someone vulnerable or not vulnerable, but who was 123 00:07:25,480 --> 00:07:28,960 Speaker 1: a person who was at risk in a case. And 124 00:07:29,000 --> 00:07:32,920 Speaker 1: he always wanted to know who were those people and 125 00:07:33,760 --> 00:07:36,280 Speaker 1: what were the actual stakes for them? And of the 126 00:07:36,600 --> 00:07:40,360 Speaker 1: thousands or millions of similarly situated they might be investors, 127 00:07:40,400 --> 00:07:43,480 Speaker 1: they might be workers, they might be companies, how would 128 00:07:43,480 --> 00:07:46,600 Speaker 1: they be affected? And more than any justice at the time, 129 00:07:46,640 --> 00:07:49,160 Speaker 1: and I think maybe more than any justice in history. 130 00:07:49,920 --> 00:07:51,160 Speaker 1: That's what he put his finger on. 131 00:07:51,680 --> 00:07:53,880 Speaker 2: So you finish up your clerkship and you go to 132 00:07:53,880 --> 00:07:56,240 Speaker 2: the University of Chicago, where you end up staying as 133 00:07:56,240 --> 00:07:59,200 Speaker 2: a professor for twenty seven years. That's a heck of 134 00:07:59,240 --> 00:08:02,800 Speaker 2: a good run. What made Chicago such a special place 135 00:08:02,880 --> 00:08:03,640 Speaker 2: to teach at. 136 00:08:04,000 --> 00:08:07,120 Speaker 1: I did have something in between, i should say, which 137 00:08:07,280 --> 00:08:11,800 Speaker 1: wasn't like a vacation in Paris or a time being 138 00:08:11,880 --> 00:08:16,400 Speaker 1: a shoplifter. I had at the Department of Justice, where 139 00:08:16,440 --> 00:08:18,240 Speaker 1: I worked for a year in an office called the 140 00:08:18,240 --> 00:08:21,640 Speaker 1: Office of Legal Counsel under both Carter and Reagan, which 141 00:08:21,680 --> 00:08:25,160 Speaker 1: advises the president on the legality of what he proposes 142 00:08:25,240 --> 00:08:25,480 Speaker 1: to do. 143 00:08:25,760 --> 00:08:28,800 Speaker 2: So not like the Solicitor General that's arguing in front 144 00:08:28,840 --> 00:08:32,520 Speaker 2: of the Supreme Court. This is working directly with potus. 145 00:08:33,960 --> 00:08:40,400 Speaker 1: Yes, and well, when you say directly, that's true. Except 146 00:08:40,400 --> 00:08:44,280 Speaker 1: the number of meetings I had with President Reagan was zero. 147 00:08:44,760 --> 00:08:49,160 Speaker 1: The number of mediated interactions I had with President Reagan 148 00:08:49,320 --> 00:08:51,880 Speaker 1: was about five. And the amount of work that I 149 00:08:52,000 --> 00:08:56,320 Speaker 1: did for the President was basically every day. So the 150 00:08:56,360 --> 00:08:59,000 Speaker 1: Solicitor General's office argues the cases in front of the 151 00:08:59,040 --> 00:09:03,280 Speaker 1: Supreme Court. The Officer of Legal Counsel resolves conflicts, eg. 152 00:09:03,480 --> 00:09:06,439 Speaker 1: Between the State Department and the Defense Department, or if 153 00:09:06,440 --> 00:09:09,400 Speaker 1: the president says, can I make a treaty? Or can 154 00:09:09,440 --> 00:09:11,840 Speaker 1: I fire the air traffic controllers? Or can I do 155 00:09:11,920 --> 00:09:15,080 Speaker 1: something about civil rights? The Office of Legal Counsel is 156 00:09:15,080 --> 00:09:19,080 Speaker 1: the one that answers that question. And it's I think 157 00:09:19,120 --> 00:09:22,600 Speaker 1: it's at least as interesting as the Solicitor General's office 158 00:09:23,200 --> 00:09:26,720 Speaker 1: because you're not pleading to a court please agree with us. 159 00:09:27,000 --> 00:09:30,280 Speaker 1: You're actually resolving a controversy. And it's kind of in 160 00:09:30,320 --> 00:09:33,320 Speaker 1: between being a judge. You write opinions, kind of like 161 00:09:33,360 --> 00:09:37,160 Speaker 1: a judge, and you are part of a political operation 162 00:09:37,360 --> 00:09:40,679 Speaker 1: that is the executive branch. And if the president wants 163 00:09:40,720 --> 00:09:43,440 Speaker 1: to do something, you're not indifferent to the fact that 164 00:09:43,480 --> 00:09:46,560 Speaker 1: the president wants to do that. But saying no is 165 00:09:46,600 --> 00:09:50,680 Speaker 1: a very honorable tradition in that office. And we said 166 00:09:50,760 --> 00:09:53,920 Speaker 1: no plenty. And one reason you say no is the 167 00:09:53,960 --> 00:09:56,840 Speaker 1: president has an obligation to take care of the laws 168 00:09:56,840 --> 00:09:59,679 Speaker 1: be faithfully executed, right, and that's solemn. 169 00:10:00,040 --> 00:10:01,800 Speaker 2: Do we still do that anymore? If we kind of 170 00:10:01,800 --> 00:10:02,200 Speaker 2: waved that. 171 00:10:02,240 --> 00:10:07,000 Speaker 1: Off, No, that still happens. So under recent presidents, all 172 00:10:07,080 --> 00:10:10,880 Speaker 1: of them, the Office of Legal Consul has occasionally said no. Now, 173 00:10:10,920 --> 00:10:14,280 Speaker 1: in some times, the Office of Legal Console is more 174 00:10:14,320 --> 00:10:20,839 Speaker 1: politically let's say, what's the right word compromise. I want 175 00:10:20,880 --> 00:10:22,880 Speaker 1: to use a softer word, but that's not I don't 176 00:10:22,920 --> 00:10:23,200 Speaker 1: have to. 177 00:10:23,320 --> 00:10:26,960 Speaker 2: I have no ties to the unity, so I could 178 00:10:27,040 --> 00:10:29,480 Speaker 2: drop whatever bombs I want. I know, you need to 179 00:10:29,480 --> 00:10:30,800 Speaker 2: be a touchpec. 180 00:10:31,960 --> 00:10:34,680 Speaker 1: I think it is correct to say that the legal 181 00:10:34,720 --> 00:10:38,440 Speaker 1: independence of the Office of Legal Console varies over time. Okay, 182 00:10:38,640 --> 00:10:43,880 Speaker 1: but by tradition it is not just a lackey. And then, 183 00:10:44,040 --> 00:10:47,240 Speaker 1: as you say, went to the University of Chicago. I 184 00:10:47,280 --> 00:10:50,600 Speaker 1: went there because I was fearful that being a professor 185 00:10:50,640 --> 00:10:53,720 Speaker 1: would be like retiring in your twenties. And I thought, 186 00:10:53,800 --> 00:10:55,120 Speaker 1: that's not what I want to do. 187 00:10:55,480 --> 00:10:59,480 Speaker 2: The last landed gentry in America are tenured professors. 188 00:10:59,320 --> 00:11:02,960 Speaker 1: That's what I was fearful of. So I thought, you know, 189 00:11:03,000 --> 00:11:05,840 Speaker 1: I was in the Justice Department. I had clerked for 190 00:11:05,920 --> 00:11:10,680 Speaker 1: the Supreme Court. I had uh uh career plans and 191 00:11:10,720 --> 00:11:13,840 Speaker 1: the idea of just uh sitting in an office and 192 00:11:13,880 --> 00:11:17,480 Speaker 1: thinking what ideas do I have? That didn't feel really 193 00:11:17,559 --> 00:11:20,640 Speaker 1: like living. It felt more like celtifying. But at the 194 00:11:20,720 --> 00:11:25,800 Speaker 1: University of Chicago, the faculty was full of dynamism and energy, 195 00:11:26,280 --> 00:11:30,360 Speaker 1: and whether they were producing new ideas about the economic 196 00:11:30,400 --> 00:11:34,400 Speaker 1: analysis of law or new ideas about what freedom means, 197 00:11:34,480 --> 00:11:37,440 Speaker 1: or new ideas about the securities law, it was like 198 00:11:37,920 --> 00:11:42,199 Speaker 1: uh uh, it was electric. It was like Paris. And 199 00:11:42,360 --> 00:11:45,920 Speaker 1: the University of Chicago Law School at that time was, 200 00:11:46,360 --> 00:11:49,880 Speaker 1: you know, as lively an intellectual community as you know, 201 00:11:49,920 --> 00:11:52,200 Speaker 1: they say, Vienna at one point was like that, and 202 00:11:52,240 --> 00:11:56,000 Speaker 1: Berlin at one point was like that, and uh, Cambridge 203 00:11:56,000 --> 00:11:58,400 Speaker 1: and Oxford at some points have been like that. Chicago 204 00:11:58,600 --> 00:11:59,079 Speaker 1: was like that. 205 00:11:59,520 --> 00:12:02,480 Speaker 2: Are you still a quote Chicago person? Through and through? 206 00:12:03,480 --> 00:12:08,679 Speaker 1: I wouldn't say that. I think that everyone is themselves 207 00:12:09,960 --> 00:12:13,920 Speaker 1: rather than the Chicago person or you know, new Yorker. 208 00:12:14,720 --> 00:12:18,640 Speaker 1: Forgive me for those who consider themselves New Yorkers. There yourself. 209 00:12:19,040 --> 00:12:25,680 Speaker 1: But I was certainly inspired by and influenced by the 210 00:12:26,000 --> 00:12:31,240 Speaker 1: fact that at Chicago there was in his intense curiosity 211 00:12:31,960 --> 00:12:36,000 Speaker 1: and a sense that trying to figure out what's true 212 00:12:36,800 --> 00:12:39,640 Speaker 1: is thrilling and. 213 00:12:42,440 --> 00:12:42,840 Speaker 2: Noble. 214 00:12:43,800 --> 00:12:46,960 Speaker 1: So I saw Gary Becker, who won the Nobel and 215 00:12:47,160 --> 00:12:50,360 Speaker 1: the great Chicago economists, who was almost a law professor, 216 00:12:50,400 --> 00:12:53,160 Speaker 1: who was around all the time, man did he think 217 00:12:53,240 --> 00:12:56,319 Speaker 1: I was full of nonsense? And when he would ask 218 00:12:56,360 --> 00:13:01,679 Speaker 1: me questions in his workshop, the feeling of you are 219 00:13:01,920 --> 00:13:07,600 Speaker 1: wrong was combined with a feeling of respect that I'll 220 00:13:07,880 --> 00:13:12,120 Speaker 1: never forget. He was, you know, a giant, and I 221 00:13:12,360 --> 00:13:13,160 Speaker 1: was a nothing. 222 00:13:13,520 --> 00:13:15,400 Speaker 2: Wait wait, wait, I have to interrupt you here. So 223 00:13:16,240 --> 00:13:19,520 Speaker 2: you come out of clerking not for one Supreme Court, 224 00:13:19,559 --> 00:13:22,719 Speaker 2: but a state and the Supreme Court. Then you are 225 00:13:22,800 --> 00:13:26,200 Speaker 2: serving the White House in the Office General Counsel, and 226 00:13:26,280 --> 00:13:30,160 Speaker 2: suddenly you're a one l being pulled on again, feeling 227 00:13:30,200 --> 00:13:32,560 Speaker 2: that like panic, rise, am I going to get this wrong? 228 00:13:32,600 --> 00:13:35,679 Speaker 1: And being massed in front of everybody, Well, a little 229 00:13:35,760 --> 00:13:39,600 Speaker 1: like that. So I was in my twenties, mind you, 230 00:13:39,800 --> 00:13:42,280 Speaker 1: and I remember a dinner that Dick Posner had for 231 00:13:42,320 --> 00:13:44,480 Speaker 1: me as a newcomer of the University of Chicago, and 232 00:13:44,520 --> 00:13:47,400 Speaker 1: George Stigler, who was also a Nobel Prize guy, was 233 00:13:47,440 --> 00:13:49,520 Speaker 1: there and he asked me what I taught. And I 234 00:13:49,559 --> 00:13:52,680 Speaker 1: was teaching welfare law, and that was when I courses 235 00:13:52,720 --> 00:13:55,280 Speaker 1: in Chicago in Chicago, and it was about the social 236 00:13:55,320 --> 00:13:59,000 Speaker 1: security law and anti poveri law. George Stigler said that 237 00:13:59,040 --> 00:14:01,200 Speaker 1: why would you teach that? There aren't any poor people 238 00:14:01,200 --> 00:14:04,320 Speaker 1: in America. And he had written a paper showing that 239 00:14:04,360 --> 00:14:06,840 Speaker 1: if you earn six dollars a week, or something purporting 240 00:14:06,880 --> 00:14:09,120 Speaker 1: to show I should say, if you have six dollars 241 00:14:09,200 --> 00:14:12,400 Speaker 1: a week, you're going to be fine. And my reaction 242 00:14:12,559 --> 00:14:15,920 Speaker 1: to that was, your name may be Stigler, and you 243 00:14:15,960 --> 00:14:19,400 Speaker 1: may have a Nobell, but I don't believe a second 244 00:14:19,560 --> 00:14:22,960 Speaker 1: that that paper is correct. And he was much smarter 245 00:14:23,040 --> 00:14:25,760 Speaker 1: and more learned than I was, and it was a 246 00:14:25,880 --> 00:14:32,440 Speaker 1: terrible dinner. But I did have, back then maybe now 247 00:14:34,080 --> 00:14:36,560 Speaker 1: a sense that, you know, I'm going to give him 248 00:14:36,560 --> 00:14:38,640 Speaker 1: a best shot, and I didn't have a sense that 249 00:14:38,880 --> 00:14:43,200 Speaker 1: I was necessarily wrong. And I remember Stigler's fierceness, and 250 00:14:43,520 --> 00:14:47,800 Speaker 1: he was Becker was a great man who was respectful 251 00:14:47,840 --> 00:14:53,080 Speaker 1: as well as skeptical. Stigler was contemptuous as well as curious. 252 00:14:54,040 --> 00:14:57,120 Speaker 1: Who was this young fool who was at our dinner party. 253 00:14:57,320 --> 00:14:59,920 Speaker 1: But Tick Posner, who was there, who was also a giant, 254 00:15:00,480 --> 00:15:06,440 Speaker 1: was at that dinner. He was kind, so he saw 255 00:15:06,560 --> 00:15:11,760 Speaker 1: I was in trouble because Stigler was so amazingly smart 256 00:15:11,800 --> 00:15:15,360 Speaker 1: and quick. And Posner, who agreed with Stiegler, came to 257 00:15:15,400 --> 00:15:18,880 Speaker 1: my defense and that was the start of a great friendship. 258 00:15:19,080 --> 00:15:23,280 Speaker 2: That's really really quite interesting. And thank goodness there are 259 00:15:23,320 --> 00:15:26,560 Speaker 2: no poor people in America, because just think about how 260 00:15:26,640 --> 00:15:29,840 Speaker 2: uncomfortable would be to see homeless in big cities and 261 00:15:29,960 --> 00:15:32,960 Speaker 2: people unable to pay for medical care. I mean, what 262 00:15:33,160 --> 00:15:36,000 Speaker 2: sort of a country as that sort of thing? Yeah, 263 00:15:36,440 --> 00:15:37,960 Speaker 2: I mean, thank goodness, he was right. 264 00:15:38,040 --> 00:15:40,720 Speaker 1: Yeah, we probably need a progressive income tax or something, 265 00:15:41,320 --> 00:15:44,240 Speaker 1: and jobs programs and educational opportunity. 266 00:15:44,440 --> 00:15:48,320 Speaker 2: So here is the fascinating irony about your career starting 267 00:15:48,360 --> 00:15:52,040 Speaker 2: in Chicago and now you've been at Harvard for quite 268 00:15:52,080 --> 00:15:54,840 Speaker 2: a while, back and forth to public service, but still 269 00:15:54,880 --> 00:15:57,800 Speaker 2: at Harvard Law School for quite a while. It seems 270 00:15:57,840 --> 00:16:02,360 Speaker 2: like those are the endpoints on the intellectual spectrum, at 271 00:16:02,440 --> 00:16:06,280 Speaker 2: least in terms of legal thought. Am I overstating that 272 00:16:06,400 --> 00:16:07,000 Speaker 2: or is that fair? 273 00:16:07,360 --> 00:16:10,560 Speaker 1: It's a great question. So Chicago, when I was there, 274 00:16:11,120 --> 00:16:15,880 Speaker 1: was the center of right of center legal thought. It 275 00:16:16,040 --> 00:16:20,600 Speaker 1: had a very large percentage of the most influential right 276 00:16:20,640 --> 00:16:24,160 Speaker 1: of center people, and they were fantastic and they continue 277 00:16:24,200 --> 00:16:29,320 Speaker 1: to be great friends. Harvard was the place where critical 278 00:16:29,520 --> 00:16:33,440 Speaker 1: legal studies was born. It's kind of not a thing anymore, 279 00:16:33,560 --> 00:16:37,080 Speaker 1: but that was the left of center to law and economics, 280 00:16:37,120 --> 00:16:39,640 Speaker 1: which was the right of center, I thought. Even when 281 00:16:39,640 --> 00:16:41,920 Speaker 1: I was at Chicago, though I wasn't right of center, 282 00:16:41,960 --> 00:16:46,640 Speaker 1: I thought law and economics was extremely important and kind 283 00:16:46,640 --> 00:16:49,040 Speaker 1: of on the right track. And I thought critical legal 284 00:16:49,040 --> 00:16:54,840 Speaker 1: studies was a bunch of adjectives and nouns and not 285 00:16:54,880 --> 00:16:58,840 Speaker 1: really adding up to much. But I admired at Harvard 286 00:16:59,000 --> 00:17:03,840 Speaker 1: the contraditional law of people who were fantastically clear headed 287 00:17:03,880 --> 00:17:07,639 Speaker 1: about the law, for sure. And I admired the students 288 00:17:07,640 --> 00:17:15,160 Speaker 1: at Harvard who were so diverse in terms of intellectual 289 00:17:15,520 --> 00:17:22,960 Speaker 1: interests and intellectual background and politics and everything. Chicago has 290 00:17:23,000 --> 00:17:26,919 Speaker 1: intellectual diversity too, but it's just smaller. So I felt 291 00:17:26,960 --> 00:17:29,800 Speaker 1: that Harvard was a little like New York City and 292 00:17:30,119 --> 00:17:37,080 Speaker 1: Chicago was a little like Boston, smaller, more tightly connected 293 00:17:37,119 --> 00:17:38,240 Speaker 1: everyone to everyone else. 294 00:17:38,800 --> 00:17:42,880 Speaker 2: And I love them both. So you work at Harvard 295 00:17:42,960 --> 00:17:49,719 Speaker 2: with some just legendary professors. Did you overlap with Guido 296 00:17:49,800 --> 00:17:52,720 Speaker 2: Calabrisi when he was I think dean of you. 297 00:17:52,720 --> 00:17:54,640 Speaker 1: You know, he was at Yale, and I know him 298 00:17:54,760 --> 00:17:58,840 Speaker 1: very well and I love him dearly, and he's ninety 299 00:17:58,880 --> 00:18:02,720 Speaker 1: something now, and he was a great influence on me 300 00:18:03,080 --> 00:18:08,760 Speaker 1: and Harvard and Yale often have intellectual interactions that are 301 00:18:10,200 --> 00:18:14,600 Speaker 1: breeding a friendship and Chicago and Yale also, and Calibrazy 302 00:18:14,840 --> 00:18:19,199 Speaker 1: was a founder of economic analysis of law and a 303 00:18:19,240 --> 00:18:24,160 Speaker 1: little more, let's say, focused on poor people and people 304 00:18:24,160 --> 00:18:27,520 Speaker 1: are struggling than Chicago economics. So there's a Yale school 305 00:18:27,520 --> 00:18:32,240 Speaker 1: in Chicago school and Calibrazy. I can't quite say he 306 00:18:32,320 --> 00:18:35,480 Speaker 1: was a mentor, but he feels like that to me. 307 00:18:35,760 --> 00:18:40,320 Speaker 2: And Lawrence Tribe probably the pre eminent constitutional law scholar 308 00:18:40,560 --> 00:18:43,240 Speaker 2: in the country. Is am I again, am I overstating that? 309 00:18:43,359 --> 00:18:44,720 Speaker 2: Or is that a fair I. 310 00:18:44,680 --> 00:18:47,639 Speaker 1: Think it's a little like basketball, and some people like 311 00:18:47,760 --> 00:18:50,680 Speaker 1: Michael Jordan and some people like Lebron James and something. 312 00:18:51,720 --> 00:18:53,920 Speaker 1: And Bill Russell, of course was the greatest winner of 313 00:18:53,960 --> 00:18:57,480 Speaker 1: all time. Tribe was my teacher and oh really, and 314 00:18:57,600 --> 00:19:00,760 Speaker 1: he was maybe of the three the most like Michael Jordan. 315 00:19:01,640 --> 00:19:08,440 Speaker 1: His intellectual athleticism was and is next level, next level. 316 00:19:08,640 --> 00:19:11,640 Speaker 1: And he was when when he was my teacher, he 317 00:19:11,800 --> 00:19:18,320 Speaker 1: was charismatic, he was clear, he was bursting with ideas. 318 00:19:18,680 --> 00:19:21,720 Speaker 1: He was writing his great treatise at the time, and 319 00:19:22,280 --> 00:19:29,120 Speaker 1: it was a bonfire of thinking in a constructive bonfires destroyed. 320 00:19:29,160 --> 00:19:33,959 Speaker 1: Tribe didn't destroy anything, and I thought he was dazzling, 321 00:19:34,200 --> 00:19:36,840 Speaker 1: And he wrote a letter for me, actually for my 322 00:19:36,880 --> 00:19:40,719 Speaker 1: Supreme Court clerkship with Justice Marshall, which I'm very grateful for. 323 00:19:40,840 --> 00:19:44,760 Speaker 1: He's he's still a great friend, and you know he's 324 00:19:44,480 --> 00:19:47,520 Speaker 1: he's in many ways he's different from me in the 325 00:19:47,600 --> 00:19:52,760 Speaker 1: last years. Particularly he's more politically engaged in a way 326 00:19:52,840 --> 00:19:57,080 Speaker 1: that is not my typical style. But I'm full of 327 00:19:57,119 --> 00:19:58,480 Speaker 1: admiration for him. 328 00:19:58,520 --> 00:20:01,440 Speaker 2: Really really quite interesting. So let's talk a little bit 329 00:20:01,480 --> 00:20:05,560 Speaker 2: about this program. What leads to something like this coming about. 330 00:20:05,600 --> 00:20:09,320 Speaker 2: It doesn't sound like your typical law school sort of 331 00:20:09,720 --> 00:20:11,159 Speaker 2: class completely. 332 00:20:11,359 --> 00:20:15,119 Speaker 1: So there has been, as I think everyone's aware now, 333 00:20:15,520 --> 00:20:19,680 Speaker 1: an explosion of work in behavioral economics and behavioral science 334 00:20:19,800 --> 00:20:23,880 Speaker 1: about human behavior. So we know how people depart from 335 00:20:23,920 --> 00:20:28,160 Speaker 1: perfect rationality. So people are often focused on short term, 336 00:20:28,200 --> 00:20:33,000 Speaker 1: not the long term. They're often unrealistically optimistic, their attention 337 00:20:33,160 --> 00:20:36,640 Speaker 1: is limited. They can be manipulated because they'll focus on 338 00:20:36,640 --> 00:20:39,400 Speaker 1: one or two features of let's say a product, rather 339 00:20:39,480 --> 00:20:42,560 Speaker 1: than seven, and that means they'll get two features they 340 00:20:42,680 --> 00:20:45,840 Speaker 1: like and five that they in the long run will despise. 341 00:20:46,080 --> 00:20:49,280 Speaker 1: So we know a lot about that. This has major 342 00:20:49,320 --> 00:20:55,320 Speaker 1: implications for law So with respect to fiduciary obligations, let's 343 00:20:55,320 --> 00:20:59,240 Speaker 1: say a fiduciary, what do they have to tell people 344 00:20:59,480 --> 00:21:03,800 Speaker 1: and what do they have to make clear to people 345 00:21:04,040 --> 00:21:07,160 Speaker 1: and not just tell people? And behavioral science tells us 346 00:21:07,240 --> 00:21:10,760 Speaker 1: a lot about that. If we're thinking about free speech 347 00:21:10,840 --> 00:21:14,399 Speaker 1: law and we're thinking about the marketplace of ideas, behavioral 348 00:21:14,440 --> 00:21:18,159 Speaker 1: science behavioral economics might tell us something about how people 349 00:21:18,240 --> 00:21:23,120 Speaker 1: get confused or fooled. If we're talking about property law, 350 00:21:23,240 --> 00:21:26,199 Speaker 1: toward law or contract law, there has to be a 351 00:21:26,280 --> 00:21:28,040 Speaker 1: sense of how people are going to react to what 352 00:21:28,080 --> 00:21:30,479 Speaker 1: the law is doing. So if the law has a 353 00:21:30,480 --> 00:21:32,960 Speaker 1: default term, let's say that you have to perform in 354 00:21:33,000 --> 00:21:37,160 Speaker 1: a reasonable time, and let's say the company that's doing 355 00:21:37,200 --> 00:21:40,320 Speaker 1: the performance thinks a reasonable time means maybe next year. 356 00:21:41,240 --> 00:21:43,879 Speaker 1: What does the law do about that? And so there 357 00:21:43,640 --> 00:21:47,520 Speaker 1: are are zillion questions. Algorithms in AI are kind of 358 00:21:47,560 --> 00:21:50,399 Speaker 1: top of mind now for the law to try to 359 00:21:50,560 --> 00:21:54,720 Speaker 1: figure out that have a behavioral feature, and that's that's 360 00:21:54,800 --> 00:21:57,120 Speaker 1: kind of what we're doing with our program. 361 00:21:57,119 --> 00:22:02,280 Speaker 2: That sounds really interesting, assuming since you co authored Nudge 362 00:22:02,280 --> 00:22:07,000 Speaker 2: with Dick Thaylor, which came first working with Sailor or 363 00:22:07,080 --> 00:22:11,600 Speaker 2: the program on behavioral economics and public policy. 364 00:22:11,760 --> 00:22:14,800 Speaker 1: I'll tell you a story. Before I met Faylor, I 365 00:22:15,080 --> 00:22:21,120 Speaker 1: was overwhelmed the best way by the work of conomin University, 366 00:22:21,359 --> 00:22:24,919 Speaker 1: a failure. So I thought, this is the thing, and 367 00:22:24,960 --> 00:22:27,400 Speaker 1: I started to work on some papers, one of which 368 00:22:27,440 --> 00:22:31,280 Speaker 1: was called behavioral analysis of law. And then Taylor came 369 00:22:31,320 --> 00:22:34,919 Speaker 1: to the University of Chicago and we started having lunch together, 370 00:22:35,600 --> 00:22:38,600 Speaker 1: and I started working with him when he was working 371 00:22:38,640 --> 00:22:41,200 Speaker 1: on a paper with a law professor named Christine Joels 372 00:22:41,200 --> 00:22:43,720 Speaker 1: that I thought was going too slowly, and I said, 373 00:22:43,800 --> 00:22:46,320 Speaker 1: if you don't write that paper, I'm going to write 374 00:22:46,400 --> 00:22:49,840 Speaker 1: my paper and it might steal your thunder. It won't 375 00:22:49,840 --> 00:22:52,720 Speaker 1: be as good as yours, but it'll be earlier. And 376 00:22:53,680 --> 00:22:56,919 Speaker 1: Dick said, you know, this was a fantastic moment for me. 377 00:22:56,960 --> 00:22:58,880 Speaker 1: He said, why don't you join us? And we wrote 378 00:22:58,920 --> 00:23:02,880 Speaker 1: it together. So I was intrigued by the behavioral stuff 379 00:23:03,520 --> 00:23:06,400 Speaker 1: before I met fayalor after I met Faylor, I had 380 00:23:06,400 --> 00:23:10,000 Speaker 1: a the world's best partner on this stuff. And then 381 00:23:10,400 --> 00:23:15,480 Speaker 1: when I went to Harvard our program that followed, and 382 00:23:15,800 --> 00:23:18,520 Speaker 1: some of it involves nudges, some of it has nothing 383 00:23:18,520 --> 00:23:20,240 Speaker 1: to do with nudges, but all of it has to 384 00:23:20,280 --> 00:23:21,480 Speaker 1: do with behavioral science. 385 00:23:22,080 --> 00:23:26,520 Speaker 2: So you also co wrote Noise with with Danny Kahneman. 386 00:23:27,400 --> 00:23:33,280 Speaker 2: It seems that there's a theme in all your books, nudge, noise, sludge. 387 00:23:33,800 --> 00:23:39,120 Speaker 2: You're constantly looking at the decision making process, and not 388 00:23:39,240 --> 00:23:42,800 Speaker 2: just from an academic perspective, but how it affects people 389 00:23:42,840 --> 00:23:45,119 Speaker 2: in the real world, how it affects organizations, how it 390 00:23:45,160 --> 00:23:49,200 Speaker 2: affects individuals. Tell us a little bit about the integration 391 00:23:49,480 --> 00:23:53,440 Speaker 2: of behavioral finance and behavioral economics with law. 392 00:23:54,320 --> 00:23:59,199 Speaker 1: Okay, well, let's talk a little bit about groups, shall we. 393 00:24:00,920 --> 00:24:03,680 Speaker 1: If you get a group of like minded people together, 394 00:24:04,440 --> 00:24:07,879 Speaker 1: they typically end up thinking a more extreme version of 395 00:24:07,920 --> 00:24:10,760 Speaker 1: what they thought before they started to talk. So if 396 00:24:10,800 --> 00:24:12,800 Speaker 1: you get a group of people who tend to think, 397 00:24:12,880 --> 00:24:18,199 Speaker 1: you know, we ought to invest in X. Take your pick, soap, 398 00:24:18,320 --> 00:24:20,520 Speaker 1: there's new kind of soap, we ought to invest in X. 399 00:24:20,600 --> 00:24:23,879 Speaker 1: That's the average view soap. Everyone needs to be clean 400 00:24:24,480 --> 00:24:27,480 Speaker 1: and with climate change, soap it's going to be crazy 401 00:24:27,560 --> 00:24:31,879 Speaker 1: soap companies. If that's the average view, I'm starting to 402 00:24:31,920 --> 00:24:34,720 Speaker 1: convince myself by the way to invest in soap companies, 403 00:24:34,760 --> 00:24:38,560 Speaker 1: which is probably not necessarily right. Let's put it that way. 404 00:24:39,000 --> 00:24:41,600 Speaker 1: If people talk with one another, and they start with 405 00:24:41,640 --> 00:24:44,840 Speaker 1: an initial disposition, they tend to think an extreme version 406 00:24:44,880 --> 00:24:47,720 Speaker 1: of what they thought. They become more confident, more unified, 407 00:24:47,760 --> 00:24:52,159 Speaker 1: and more extreme. This is a real problem for companies, 408 00:24:52,400 --> 00:24:56,000 Speaker 1: it's a real problem for law. We have data suggesting 409 00:24:56,080 --> 00:24:59,000 Speaker 1: if you get three judges who are let's say, Democratic 410 00:24:59,040 --> 00:25:03,919 Speaker 1: appointees on Court of Appeals, not two Democratic appointees and 411 00:25:03,960 --> 00:25:08,080 Speaker 1: one Republican three Democratic appointees, the likelihood of a left 412 00:25:08,080 --> 00:25:12,400 Speaker 1: of center opinion shoots up really dramatically. That's a crazy 413 00:25:12,440 --> 00:25:15,760 Speaker 1: finding because if you have two Democratic appointees on a 414 00:25:15,760 --> 00:25:17,680 Speaker 1: three judge panel, they have the votes, they don't need 415 00:25:17,680 --> 00:25:21,119 Speaker 1: that Republican appointee, but they are much more moderate, and 416 00:25:21,200 --> 00:25:26,160 Speaker 1: it's symmetrical. Three Republican appointees are much more right wing 417 00:25:26,160 --> 00:25:29,840 Speaker 1: in their voting patterns then two Republican appointees on a 418 00:25:29,880 --> 00:25:32,280 Speaker 1: panel with one Democratic appointee. 419 00:25:32,320 --> 00:25:37,440 Speaker 2: So group think even amongst judges is worse if there's 420 00:25:37,480 --> 00:25:40,720 Speaker 2: three of them in no countering voices versus, hey, we 421 00:25:40,760 --> 00:25:42,760 Speaker 2: have a majority and we're going to sign how we want, 422 00:25:43,040 --> 00:25:46,520 Speaker 2: but everybody kind of wants to be rational and cooperative. 423 00:25:46,600 --> 00:25:48,920 Speaker 1: Is that the suggest And here's the really cool thing. 424 00:25:48,960 --> 00:25:53,040 Speaker 1: There is a book called group think a few decades ago. 425 00:25:53,080 --> 00:25:57,240 Speaker 1: It's a fantastic term. It's not clear what group think is, 426 00:25:57,640 --> 00:26:00,240 Speaker 1: and if we clear clarify what is, it's not clear 427 00:26:00,280 --> 00:26:05,040 Speaker 1: whether it exists. So the rigorous efforts to test group 428 00:26:05,119 --> 00:26:08,359 Speaker 1: think have a bunch of question marks. But there's something 429 00:26:08,560 --> 00:26:12,800 Speaker 1: like groupthink which does exist, which is a testable hypothesis, 430 00:26:13,119 --> 00:26:15,520 Speaker 1: which is, if you've got a group of people, it 431 00:26:15,600 --> 00:26:19,240 Speaker 1: will end up after deliberation in a more extreme point, 432 00:26:19,280 --> 00:26:22,880 Speaker 1: in line with its pre deliberation tendencies. So that's a mouthful. 433 00:26:23,000 --> 00:26:25,040 Speaker 1: But let's suppose you have a group of six people 434 00:26:25,280 --> 00:26:28,760 Speaker 1: deciding whether to invest in soap or instead electric cars. 435 00:26:28,800 --> 00:26:31,080 Speaker 1: Those are the options. Let's say four of them think 436 00:26:31,160 --> 00:26:33,760 Speaker 1: soap and two of them think electric cars, and they 437 00:26:33,760 --> 00:26:36,000 Speaker 1: think the same thing. They think what they do with 438 00:26:36,080 --> 00:26:40,160 Speaker 1: equal intensity. At the end of the discussion, the prediction 439 00:26:40,320 --> 00:26:43,000 Speaker 1: is the group is going to go soap, soap, soap, soap, soap, 440 00:26:43,320 --> 00:26:47,600 Speaker 1: and it's going to do that with a considerable confidence 441 00:26:47,640 --> 00:26:51,360 Speaker 1: as well as unanimity. That will be the statistical regularity. 442 00:26:51,720 --> 00:26:55,840 Speaker 1: And I've done work on political issues, climate change, affirmative action, 443 00:26:56,040 --> 00:26:58,720 Speaker 1: same sex stuff, where if you've get a group that 444 00:26:58,760 --> 00:27:01,480 Speaker 1: has a conservative disposition, they go whish to the right 445 00:27:01,520 --> 00:27:03,680 Speaker 1: after they talk with one another. If they have a 446 00:27:03,760 --> 00:27:06,440 Speaker 1: left of center disposition, they go whish to the left 447 00:27:06,560 --> 00:27:09,439 Speaker 1: after they talk with one another. And Conneman and I 448 00:27:09,520 --> 00:27:13,000 Speaker 1: did this a study with this on punitive damages jury awards, 449 00:27:13,359 --> 00:27:16,560 Speaker 1: where for jury's mad at a company, they're going to 450 00:27:16,600 --> 00:27:19,560 Speaker 1: be super mad at a company after they talk with 451 00:27:19,640 --> 00:27:23,080 Speaker 1: one another, which helps explain why punitive damages are both 452 00:27:23,160 --> 00:27:25,560 Speaker 1: unpredictable and often really really high. 453 00:27:25,680 --> 00:27:29,919 Speaker 2: So that's so let's take that basic concept and apply 454 00:27:30,040 --> 00:27:35,720 Speaker 2: it to online where you have social media and all 455 00:27:35,760 --> 00:27:39,800 Speaker 2: sorts of trolling activities, and you end up with conspiracy 456 00:27:39,840 --> 00:27:44,760 Speaker 2: theories like QAnon. How should public policy deal with these 457 00:27:44,800 --> 00:27:51,040 Speaker 2: sort of things between anti vaxxers and anti democratic election deniers. 458 00:27:51,640 --> 00:27:54,480 Speaker 2: This is a genuine threat to the health and safety 459 00:27:54,520 --> 00:27:55,160 Speaker 2: of the country. 460 00:27:55,800 --> 00:27:59,639 Speaker 1: So back in two thousand, I agreed to write a 461 00:27:59,680 --> 00:28:05,160 Speaker 1: book for Princeton University Press called Republic dot Com. And 462 00:28:05,200 --> 00:28:07,760 Speaker 1: I had a title, but I didn't have a book, 463 00:28:08,280 --> 00:28:14,840 Speaker 1: and I had six months of failure, like unbelievable failure, 464 00:28:15,040 --> 00:28:20,240 Speaker 1: like either nothing or it was terrible. You I was 465 00:28:20,359 --> 00:28:23,359 Speaker 1: worse than common. And because what he didn't like in 466 00:28:23,400 --> 00:28:26,399 Speaker 1: his own work. His work is actually good. What I 467 00:28:26,480 --> 00:28:29,600 Speaker 1: produced in those six months was in fact horrible. I 468 00:28:29,640 --> 00:28:32,520 Speaker 1: still have it somewhere. But then I thought, okay, the 469 00:28:32,560 --> 00:28:37,840 Speaker 1: real problem is echo chambers and the absence of shared 470 00:28:38,680 --> 00:28:42,440 Speaker 1: exposure to things. And then when I thought echo chambers, 471 00:28:42,480 --> 00:28:46,800 Speaker 1: shared exposures, I sketched out nine chapters, and I wrote 472 00:28:46,840 --> 00:28:49,000 Speaker 1: a chapter a day, and I had a book after 473 00:28:49,120 --> 00:28:51,240 Speaker 1: nine days. I've never had anything like that. It was 474 00:28:51,360 --> 00:28:57,320 Speaker 1: like a frenzy, a happy frenzy of book writing. And 475 00:28:57,400 --> 00:29:00,400 Speaker 1: that book has now gone through three editions. It was 476 00:29:00,600 --> 00:29:03,520 Speaker 1: first called republic dot. 477 00:29:03,280 --> 00:29:07,160 Speaker 2: Com hashtag republic divided democracy in the age of social media. 478 00:29:07,240 --> 00:29:10,080 Speaker 1: That one, that's the very recent one, and it's exactly 479 00:29:10,120 --> 00:29:14,480 Speaker 1: on your point. So what should be done by various actors, 480 00:29:14,520 --> 00:29:17,760 Speaker 1: I think is a really hard question. But the existence 481 00:29:17,800 --> 00:29:23,120 Speaker 1: of the problem is palpable. If you're thinking about yourself 482 00:29:23,320 --> 00:29:26,440 Speaker 1: just as an individual, to try to be exposed to 483 00:29:26,560 --> 00:29:31,040 Speaker 1: diverse ideas is a really good idea. They're apps. There's 484 00:29:31,040 --> 00:29:33,040 Speaker 1: one I don't know if it still is working. I hope. 485 00:29:33,040 --> 00:29:36,160 Speaker 1: So it's called read across the aisle, where you where 486 00:29:36,200 --> 00:29:38,840 Speaker 1: you can tell whether you're just reading one kind of 487 00:29:38,840 --> 00:29:42,040 Speaker 1: thing or another kind of thing, so there's self monitoring. 488 00:29:42,160 --> 00:29:46,040 Speaker 1: I know that some social media platforms have thought hard 489 00:29:46,240 --> 00:29:50,880 Speaker 1: about how to handle the echo chamber phenomenon, and hard 490 00:29:50,960 --> 00:29:56,680 Speaker 1: also about how to think about the the misinformation problem. 491 00:29:57,000 --> 00:30:02,560 Speaker 1: And there are various things that behavioral scientis would counsel 492 00:30:02,680 --> 00:30:11,720 Speaker 1: consideration of, including warnings, including reduced circulation levels, including in 493 00:30:11,840 --> 00:30:15,960 Speaker 1: extreme cases, very extreme cases, taking things down. Not through 494 00:30:16,000 --> 00:30:19,200 Speaker 1: government because that then there's a First Amendment issue, but 495 00:30:19,320 --> 00:30:23,960 Speaker 1: through voluntary action. And one size doesn't fit all, but 496 00:30:25,520 --> 00:30:28,280 Speaker 1: I agree this is a very serious challenge. 497 00:30:28,320 --> 00:30:31,600 Speaker 2: So a different book, I assume, is on rumors, how 498 00:30:31,640 --> 00:30:35,720 Speaker 2: falsehood spread, why we believe them, and what can be done. 499 00:30:36,040 --> 00:30:40,960 Speaker 2: It seems like we are very predisposed to believe nonsense 500 00:30:41,240 --> 00:30:44,200 Speaker 2: if it confirms our prior beliefs. We believe what we 501 00:30:44,240 --> 00:30:46,560 Speaker 2: want to believe in. Who cares about the facts. 502 00:30:46,600 --> 00:30:49,320 Speaker 1: Okay, so here let's talk about three things might we 503 00:30:51,000 --> 00:30:56,120 Speaker 1: The first is if I tell you that it's raining 504 00:30:56,160 --> 00:31:01,160 Speaker 1: outside right now, you aren't going to think think he's 505 00:31:01,440 --> 00:31:06,200 Speaker 1: fooling me. It's sunny and beautiful outside. You're probably going 506 00:31:06,240 --> 00:31:09,320 Speaker 1: to think, maybe I should get an umbrella. So when 507 00:31:09,360 --> 00:31:13,360 Speaker 1: people hear something and there's probably a good evolutionary explanation 508 00:31:13,480 --> 00:31:17,280 Speaker 1: for this. Under ordinary circumstances, they think it's true, and 509 00:31:17,360 --> 00:31:21,840 Speaker 1: that truth bias is it's sometimes called is essential. If 510 00:31:21,880 --> 00:31:23,600 Speaker 1: we try to live in a world in which we 511 00:31:23,640 --> 00:31:27,480 Speaker 1: thought everything people said was false, we couldn't get through 512 00:31:27,720 --> 00:31:28,120 Speaker 1: a day. 513 00:31:28,360 --> 00:31:33,080 Speaker 2: Cooperative primates in a social group provided a survival advantage, 514 00:31:33,480 --> 00:31:37,040 Speaker 2: so you're not inclined to disbelieve someone looking eye and 515 00:31:37,040 --> 00:31:38,320 Speaker 2: telling you something completely. 516 00:31:38,560 --> 00:31:43,280 Speaker 1: But truth bias can lead us in really terrible directions, 517 00:31:43,360 --> 00:31:46,800 Speaker 1: and that's independent of motive. So I don't need to 518 00:31:47,560 --> 00:31:49,840 Speaker 1: want to think it's raining to think if someone tells 519 00:31:49,880 --> 00:31:53,800 Speaker 1: me it's raining, it's umbrella time. That's one truth bias. 520 00:31:53,880 --> 00:31:58,280 Speaker 1: The other thing is confirmation bias, where if we're told 521 00:31:58,400 --> 00:32:01,560 Speaker 1: things that fit with what we think, we tend to 522 00:32:01,680 --> 00:32:04,320 Speaker 1: like that and we tend to believe it because it 523 00:32:04,360 --> 00:32:07,760 Speaker 1: fits with what we think, and that can aggravate the 524 00:32:09,600 --> 00:32:13,680 Speaker 1: problem of echo chambers where people it's confirmation bias is 525 00:32:13,720 --> 00:32:16,280 Speaker 1: being catered to. So if you think the thing is 526 00:32:16,440 --> 00:32:20,600 Speaker 1: your investment in X is really going great, even though 527 00:32:20,600 --> 00:32:25,600 Speaker 1: all the indication is that it's risky. The confirmation, the 528 00:32:25,640 --> 00:32:30,120 Speaker 1: confirmatory material will have credibility. We have recent data suggesting. 529 00:32:30,200 --> 00:32:32,840 Speaker 1: There's a third thing, which is I think cooler than 530 00:32:32,880 --> 00:32:38,080 Speaker 1: truth bias or confirmation bias. Its name is desirability bias, 531 00:32:38,520 --> 00:32:44,680 Speaker 1: and it's like confirmation bias, except it's different. And maybe 532 00:32:44,680 --> 00:32:47,800 Speaker 1: I like it because of the phenomenon it draws attention 533 00:32:47,920 --> 00:32:51,000 Speaker 1: to because I find it desirable in a way that 534 00:32:51,120 --> 00:32:52,360 Speaker 1: it indicates it's fun. 535 00:32:52,560 --> 00:32:56,840 Speaker 2: So the desirability bias appeals to your own desirability. 536 00:32:56,200 --> 00:32:58,880 Speaker 1: Yeah, it does, because it fits with my conception of 537 00:32:58,960 --> 00:33:03,240 Speaker 1: human nature. Confirmation both, but let's pull them apart a bit. 538 00:33:03,360 --> 00:33:08,640 Speaker 1: So desirability bias means that people believe things if they 539 00:33:08,680 --> 00:33:12,440 Speaker 1: find it enjoyable to believe them. Where enjoyable is a 540 00:33:12,440 --> 00:33:15,120 Speaker 1: big concept. So it might mean it makes them smile, 541 00:33:15,200 --> 00:33:17,800 Speaker 1: It might make me makes them feel secure. It might 542 00:33:17,840 --> 00:33:22,080 Speaker 1: mean it makes them feel pleased. It could make feel 543 00:33:22,120 --> 00:33:24,960 Speaker 1: them make them feel grateful. It can be any number 544 00:33:25,040 --> 00:33:30,680 Speaker 1: of things, but desirability bias and confirmation bias are emphatically 545 00:33:30,720 --> 00:33:34,680 Speaker 1: not the same thing. You might hear something that fits 546 00:33:34,720 --> 00:33:40,280 Speaker 1: with your belief that is, like, you're really sick, but 547 00:33:40,360 --> 00:33:42,360 Speaker 1: you don't want to believe that because you don't want 548 00:33:42,400 --> 00:33:45,080 Speaker 1: to believe you're really sick. And so if something is 549 00:33:45,120 --> 00:33:49,360 Speaker 1: disconfirming but desirable. The data we have suggests that the 550 00:33:49,440 --> 00:33:54,600 Speaker 1: desirable will beat the confirmatory. So if you think the 551 00:33:54,640 --> 00:33:57,680 Speaker 1: economy is going to go sour and then you learn 552 00:33:58,400 --> 00:34:04,200 Speaker 1: that's not true, you might well be extremely credulous, meaning 553 00:34:04,280 --> 00:34:08,440 Speaker 1: willing to believe the happy thing even though it's disconfirming 554 00:34:08,480 --> 00:34:13,839 Speaker 1: of your belief. So desirability bias means things that please us, 555 00:34:13,920 --> 00:34:17,440 Speaker 1: we will tend to believe, even if they are disconfirming 556 00:34:17,800 --> 00:34:19,560 Speaker 1: of what we start believing. 557 00:34:20,440 --> 00:34:25,120 Speaker 2: That's really intriguing. What I find so fascinating about confirmation 558 00:34:25,320 --> 00:34:30,120 Speaker 2: bias is the underlying investment in the model of the 559 00:34:30,160 --> 00:34:33,640 Speaker 2: world our brains create. I think our brains consume twenty 560 00:34:33,680 --> 00:34:38,080 Speaker 2: five percent of our daily energy, and so the models 561 00:34:38,400 --> 00:34:44,200 Speaker 2: we create over time we are so reluctant to challenge. 562 00:34:44,320 --> 00:34:48,239 Speaker 2: We don't want to look for disconfirming evidence because hey, 563 00:34:48,320 --> 00:34:51,279 Speaker 2: we have all these sunk costs over here to bring 564 00:34:51,360 --> 00:34:55,200 Speaker 2: up another fallacy. Tell us a little more about how 565 00:34:55,239 --> 00:34:59,239 Speaker 2: you test for desirability bias and how it manifests in 566 00:34:59,280 --> 00:35:00,640 Speaker 2: things like public policy. 567 00:35:01,000 --> 00:35:04,880 Speaker 1: Okay, so let's talk a little bit about confirmation bias. 568 00:35:05,680 --> 00:35:11,560 Speaker 1: If I believe that the Holocaust happened, if I read 569 00:35:11,640 --> 00:35:16,120 Speaker 1: something think saying it didn't happen. I will dismiss that, 570 00:35:16,880 --> 00:35:23,279 Speaker 1: not because please that the Holocaust happened, but because I 571 00:35:23,320 --> 00:35:27,120 Speaker 1: am so clear that the Holocaust happened that the information 572 00:35:27,239 --> 00:35:32,000 Speaker 1: that's inconsistent with my belief has no credibility. So it's basian. 573 00:35:32,360 --> 00:35:36,440 Speaker 1: It's not about motivation. So I believe that dropped objects fall. 574 00:35:36,840 --> 00:35:39,120 Speaker 1: If a magician comes to me and says, you know, 575 00:35:39,200 --> 00:35:42,560 Speaker 1: you're not quite right on that, I will think, magician, 576 00:35:42,600 --> 00:35:45,720 Speaker 1: you're pretty good at your job. But I really believe 577 00:35:46,040 --> 00:35:49,000 Speaker 1: dropped objects fall. It's not about my motivations. It's what 578 00:35:49,400 --> 00:35:52,839 Speaker 1: I start with. So a lot of what we call 579 00:35:52,920 --> 00:35:57,200 Speaker 1: confirmation bias is basian updating. Given our priors, we dismiss 580 00:35:57,280 --> 00:35:59,759 Speaker 1: what is disconfirming on the ground that how can it 581 00:35:59,760 --> 00:36:02,680 Speaker 1: be true that dropped objects don't fall? Or how can 582 00:36:02,719 --> 00:36:05,000 Speaker 1: it be true that Bill Russell isn't the greatest winner 583 00:36:05,000 --> 00:36:08,560 Speaker 1: in the history of organized sports. I have actually an 584 00:36:08,600 --> 00:36:11,280 Speaker 1: emotional investment as well as. 585 00:36:11,480 --> 00:36:14,400 Speaker 2: One sports opinion, which is emotion. The other is physics. 586 00:36:14,480 --> 00:36:20,120 Speaker 2: But all that aside, So desirability bias is even if 587 00:36:20,200 --> 00:36:25,520 Speaker 2: disconfirming seems to have a great resonance within ourselves. Yeah, 588 00:36:25,960 --> 00:36:27,359 Speaker 2: why do we think that is okay. 589 00:36:27,480 --> 00:36:32,080 Speaker 1: So that's about motivation. Desirability bias isn't about rational updating. 590 00:36:32,120 --> 00:36:35,280 Speaker 1: It's only about motivation. Here's something that pulls them apart. 591 00:36:35,360 --> 00:36:38,399 Speaker 1: I'm going to give a simplified version of the best 592 00:36:38,480 --> 00:36:41,000 Speaker 1: date i'm aware of on this, where people in the 593 00:36:41,000 --> 00:36:46,600 Speaker 1: twenty sixteen election who favored Trump or Clinton also had 594 00:36:46,640 --> 00:36:50,480 Speaker 1: predictions about whether Trump or Clinton would win before the election. 595 00:36:51,280 --> 00:36:55,400 Speaker 1: Let's take Clinton voters. If they thought that Trump would 596 00:36:55,440 --> 00:36:59,600 Speaker 1: win and then they were given information that suggested Clinton 597 00:36:59,600 --> 00:37:04,160 Speaker 1: would win, they found it particularly credible. Now that was 598 00:37:04,200 --> 00:37:09,120 Speaker 1: disconfirming information. It suggested what they believed would happen was false, 599 00:37:09,560 --> 00:37:13,440 Speaker 1: but it was pleasing information. It suggested that the information 600 00:37:13,600 --> 00:37:17,440 Speaker 1: they were receiving would make them smile rather than suffer. 601 00:37:17,840 --> 00:37:21,200 Speaker 1: And it worked exactly the same for Trump voters who 602 00:37:21,280 --> 00:37:24,200 Speaker 1: thought that Trump would lose, but then when they got 603 00:37:24,239 --> 00:37:28,319 Speaker 1: information suggesting that Trump would win, they thought, I'll believe that. 604 00:37:28,800 --> 00:37:32,000 Speaker 1: And it's because it was desirable. So we're just learning 605 00:37:32,040 --> 00:37:36,320 Speaker 1: about desirability bias. It has an overlap with optimism bias. 606 00:37:36,320 --> 00:37:40,080 Speaker 1: It has implications for law. So in law and among 607 00:37:40,160 --> 00:37:45,040 Speaker 1: real lawyers, you can create something pretty funny instantly which 608 00:37:45,080 --> 00:37:48,000 Speaker 1: is you tell them, you know, imagine you're representing the 609 00:37:48,000 --> 00:37:51,080 Speaker 1: plaintiff in a lawsuit, what are the chances the person 610 00:37:51,120 --> 00:37:53,560 Speaker 1: will win? They say really high. If you ask the 611 00:37:53,560 --> 00:37:56,120 Speaker 1: same kind of people, you're representing the defendant, what's the 612 00:37:56,200 --> 00:37:59,160 Speaker 1: chance the defendant will win, they say the chances urge 613 00:37:59,160 --> 00:38:01,920 Speaker 1: are really high. So you can instantly put people in 614 00:38:01,960 --> 00:38:04,520 Speaker 1: the role of plane off lawyer or defense consul and 615 00:38:04,560 --> 00:38:07,920 Speaker 1: that their predictions about outcomes will fit with what they 616 00:38:08,000 --> 00:38:12,600 Speaker 1: think is desirable given the role they assumed thirty seconds ago. 617 00:38:13,200 --> 00:38:16,920 Speaker 2: So that's kind of interesting. Let's relate this to another book, 618 00:38:17,120 --> 00:38:22,960 Speaker 2: How change happens. When we look at things sexual harassment, smoking, 619 00:38:23,120 --> 00:38:27,000 Speaker 2: white supremacy, gay riots, climate change, seems like there's been 620 00:38:27,120 --> 00:38:31,640 Speaker 2: an ongoing evolution. Some of these things are very gradual, 621 00:38:32,000 --> 00:38:35,960 Speaker 2: even things like seat belts. So suddenly, I think the 622 00:38:36,080 --> 00:38:39,520 Speaker 2: number today is something like ten or fifteen percent of 623 00:38:39,520 --> 00:38:42,200 Speaker 2: people don't use seat belts, But the number was forty 624 00:38:42,239 --> 00:38:46,160 Speaker 2: to fifty percent for long, long periods of time until 625 00:38:46,200 --> 00:38:50,400 Speaker 2: we started with the beeping to nudge them to do that. 626 00:38:50,920 --> 00:38:54,640 Speaker 2: So tell us a little bit. How does social change happen? 627 00:38:54,840 --> 00:38:59,000 Speaker 2: Is this Hemingway esk or is it continually gradual, and 628 00:38:59,080 --> 00:38:59,839 Speaker 2: not all at once. 629 00:39:00,560 --> 00:39:05,200 Speaker 1: Well, okay, So to understand this we need to have 630 00:39:05,239 --> 00:39:10,080 Speaker 1: some moving parts. One thing is that people have in 631 00:39:10,120 --> 00:39:15,600 Speaker 1: their heads beliefs and desires that they don't tell anyone about. 632 00:39:16,520 --> 00:39:21,960 Speaker 1: So you might think, I think that violence against people 633 00:39:21,960 --> 00:39:26,120 Speaker 1: of color is pervasive and horrible, or you might think 634 00:39:26,200 --> 00:39:29,319 Speaker 1: I think meat eating is a really bad idea, or 635 00:39:29,360 --> 00:39:33,120 Speaker 1: you might think I think gun rights are very important 636 00:39:33,480 --> 00:39:37,520 Speaker 1: and it's terrible that there are people in the United 637 00:39:37,560 --> 00:39:41,280 Speaker 1: States who are seeking to disarm the American public. Okay, 638 00:39:41,320 --> 00:39:43,719 Speaker 1: people who think all of those three things, at some 639 00:39:43,840 --> 00:39:48,360 Speaker 1: point over the last fifty years have shut up thinking 640 00:39:48,400 --> 00:39:51,480 Speaker 1: if they say any of those things, they will be 641 00:39:51,560 --> 00:39:55,960 Speaker 1: ostracized or disliked or something I think of political correctness 642 00:39:56,280 --> 00:40:00,360 Speaker 1: rit large. Sometimes what happens, and this is the first 643 00:40:00,360 --> 00:40:04,040 Speaker 1: moving part, is that people are given a permission slip. 644 00:40:04,680 --> 00:40:08,360 Speaker 1: So it might be that a political candidate says black 645 00:40:08,400 --> 00:40:12,680 Speaker 1: lives matter, or it might be that a prominent female 646 00:40:12,719 --> 00:40:16,520 Speaker 1: actor says I was sexually harassed and if you were 647 00:40:16,560 --> 00:40:20,239 Speaker 1: to say, hashtag me too on Twitter. Or it might 648 00:40:20,320 --> 00:40:25,279 Speaker 1: be that someone says, I think people should be allowed 649 00:40:25,280 --> 00:40:27,919 Speaker 1: to get married, regardless of whether I want to marry 650 00:40:27,920 --> 00:40:30,239 Speaker 1: a man or a woman, regardless of their gender, and 651 00:40:31,120 --> 00:40:34,200 Speaker 1: it's a free country. Go for it, and then people 652 00:40:34,320 --> 00:40:39,440 Speaker 1: will feel licensed to say what they had shut up about. 653 00:40:40,000 --> 00:40:44,120 Speaker 1: And for many social movements, the fall of communism is 654 00:40:44,160 --> 00:40:46,759 Speaker 1: an example. The rise of the federalist Socie in the 655 00:40:46,840 --> 00:40:48,960 Speaker 1: United States is another example. I saw that in real 656 00:40:49,000 --> 00:40:53,200 Speaker 1: time the success of President Trump the success of President Obama, 657 00:40:53,600 --> 00:40:57,640 Speaker 1: for all their differences, those all involved, in significant part 658 00:40:58,040 --> 00:41:01,680 Speaker 1: people being given a permission slip that they never had before. 659 00:41:02,280 --> 00:41:05,560 Speaker 1: The second thing that matters is that whether we want 660 00:41:05,600 --> 00:41:09,400 Speaker 1: to participate or endorse a social change depends on what 661 00:41:09,520 --> 00:41:12,360 Speaker 1: our threshold is for doing that. Now. It might be 662 00:41:12,400 --> 00:41:16,040 Speaker 1: a threshold for becoming active, It might be a threshold 663 00:41:16,120 --> 00:41:18,440 Speaker 1: for just voting for someone. It might be a threshold 664 00:41:18,480 --> 00:41:21,799 Speaker 1: for saying something. And we all have different thresholds and 665 00:41:21,840 --> 00:41:24,560 Speaker 1: we probably don't know what they are. So if you 666 00:41:24,640 --> 00:41:28,520 Speaker 1: think of some movement for something, a lot of people 667 00:41:28,560 --> 00:41:31,959 Speaker 1: participated in it, maybe the civil rights movement that Martin 668 00:41:32,040 --> 00:41:36,320 Speaker 1: Luther King helped lead, and there were people who had 669 00:41:36,600 --> 00:41:38,400 Speaker 1: a very low threshold. They were just going to go 670 00:41:38,520 --> 00:41:40,920 Speaker 1: for it. And there are others who would join if 671 00:41:40,960 --> 00:41:44,120 Speaker 1: a certain number of people joined and the thresholds really matter, 672 00:41:44,200 --> 00:41:47,120 Speaker 1: and we don't know what their distribution is in advance, 673 00:41:47,360 --> 00:41:50,600 Speaker 1: and it has to play itself out. So that happened 674 00:41:50,640 --> 00:41:53,920 Speaker 1: with seatwelt buckling. And the third thing, which is maybe 675 00:41:53,960 --> 00:41:57,759 Speaker 1: most important, is social influences. So you might buckle your 676 00:41:57,800 --> 00:42:01,880 Speaker 1: belt if everyone else is buckling their belt. There are 677 00:42:01,880 --> 00:42:04,480 Speaker 1: other people who won't buckle their belt if no one's 678 00:42:04,480 --> 00:42:06,759 Speaker 1: buckling their belt. I remember a time when if you 679 00:42:06,800 --> 00:42:10,080 Speaker 1: buckled your belt, you were saying that the driver is 680 00:42:10,560 --> 00:42:13,600 Speaker 1: extremely dangerous, or you were saying that you were yourself 681 00:42:13,680 --> 00:42:17,239 Speaker 1: really cowardly and timid. And who wants to buckle their 682 00:42:17,239 --> 00:42:19,840 Speaker 1: belt and accuse a friend of being an unsafe driver 683 00:42:20,320 --> 00:42:23,480 Speaker 1: or disclosed that you're a terrified, scared rabbit. And now 684 00:42:23,520 --> 00:42:27,120 Speaker 1: buckling a seat belt doesn't accuse the driver and doesn't 685 00:42:27,239 --> 00:42:30,800 Speaker 1: confess timidity. And did the social norm changed? 686 00:42:31,040 --> 00:42:34,399 Speaker 2: And can I share a quick story. I had Bob 687 00:42:34,440 --> 00:42:37,400 Speaker 2: Schiller on the show a couple of times, and once 688 00:42:37,800 --> 00:42:40,239 Speaker 2: he had to go someone from here, and we took 689 00:42:40,640 --> 00:42:42,440 Speaker 2: a cab together to I think was to the New 690 00:42:42,480 --> 00:42:44,400 Speaker 2: York Times building and we got into the back of 691 00:42:44,480 --> 00:42:49,160 Speaker 2: the cab and Bob buckles his safety belt in the 692 00:42:49,200 --> 00:42:51,839 Speaker 2: back of the cab. I'm like, well, here's a guy 693 00:42:51,840 --> 00:42:56,440 Speaker 2: who studies behavioral finance, and as an economist, I hadn't 694 00:42:56,480 --> 00:42:58,920 Speaker 2: really I always wear my seat belt when I'm driving 695 00:42:59,360 --> 00:43:01,000 Speaker 2: or in the front seat. You get into the back, 696 00:43:01,080 --> 00:43:04,440 Speaker 2: you don't even think about it. Maybe I've been overlooking 697 00:43:04,520 --> 00:43:08,120 Speaker 2: this because of who he was and all the social 698 00:43:08,160 --> 00:43:13,040 Speaker 2: proof involved. It changed my perspective on wearing a seat 699 00:43:13,040 --> 00:43:15,719 Speaker 2: buckle seat belt in the back of a car. It 700 00:43:15,800 --> 00:43:20,680 Speaker 2: was just like, exactly what you're describing. Suddenly the whole 701 00:43:20,760 --> 00:43:22,360 Speaker 2: framework completely shifted. 702 00:43:22,560 --> 00:43:25,719 Speaker 1: That's fantastic. That's a great example. And something like that 703 00:43:25,840 --> 00:43:30,440 Speaker 1: is happening, you know, for non political issues, for economic choices, 704 00:43:30,640 --> 00:43:35,520 Speaker 1: for investment decisions, and it happens really fast. So you 705 00:43:35,560 --> 00:43:39,680 Speaker 1: can see a flood of movement towards something or away 706 00:43:39,719 --> 00:43:42,759 Speaker 1: from something, just because people think that other people are 707 00:43:42,840 --> 00:43:43,800 Speaker 1: joining that flood. 708 00:43:44,000 --> 00:43:45,960 Speaker 2: Let's talk a little bit about this book. I'm kind 709 00:43:45,960 --> 00:43:49,120 Speaker 2: of intrigued by the idea that you started writing this 710 00:43:49,200 --> 00:43:52,400 Speaker 2: in the nineteen nineties. Is that possibly correct? That it 711 00:43:52,520 --> 00:43:55,880 Speaker 2: is correct thirty years? I thought you were so prolific, 712 00:43:56,480 --> 00:43:57,120 Speaker 2: Why so long? 713 00:43:57,200 --> 00:43:59,720 Speaker 1: It's a slow burn. This book is a slow burn. 714 00:44:00,520 --> 00:44:03,719 Speaker 1: So I thought the idea of how we decide, how 715 00:44:03,760 --> 00:44:06,600 Speaker 1: we decide. It's one of the most fundamental things of 716 00:44:06,640 --> 00:44:09,440 Speaker 1: all and I thought there should be a book on this, 717 00:44:09,480 --> 00:44:11,480 Speaker 1: and I co authored a paper on it in the 718 00:44:11,600 --> 00:44:16,560 Speaker 1: nineteen nineties, but I never figured it out until yesterday. 719 00:44:17,400 --> 00:44:22,759 Speaker 2: So how has your thinking about decision making evolved over 720 00:44:22,800 --> 00:44:23,400 Speaker 2: that time. 721 00:44:24,719 --> 00:44:28,440 Speaker 1: I think the fundamental idea, which was developed in a 722 00:44:28,520 --> 00:44:34,239 Speaker 1: paper with a philosopher omen Marglie, is that we have 723 00:44:34,400 --> 00:44:37,359 Speaker 1: an identifiable set of strategies. It's going to be very 724 00:44:37,400 --> 00:44:40,920 Speaker 1: intuitive when we're stuck. So we might flip a coin. 725 00:44:42,200 --> 00:44:46,240 Speaker 1: We might decide who's an expert. I'll trust the expert. 726 00:44:46,680 --> 00:44:49,120 Speaker 1: We might decide I'm not going to marry her, I'm 727 00:44:49,160 --> 00:44:52,440 Speaker 1: going to live with her. That's like a really small step. 728 00:44:52,920 --> 00:44:56,080 Speaker 1: We might decide that, you know, I'm just going to 729 00:44:56,120 --> 00:44:58,920 Speaker 1: opt where it's not about flipping a coin. It's not 730 00:44:58,960 --> 00:45:01,480 Speaker 1: like picking flipping a coin. It's like I'm going to 731 00:45:01,560 --> 00:45:04,480 Speaker 1: do something really big, like jump over a chasm. 732 00:45:05,200 --> 00:45:06,120 Speaker 2: Or it might mean moved. 733 00:45:06,440 --> 00:45:08,400 Speaker 1: We might think that we're going to adopt a rule 734 00:45:09,040 --> 00:45:13,759 Speaker 1: no liquor ever except maybe Saturday night. And if you 735 00:45:13,800 --> 00:45:18,520 Speaker 1: think about business decisions, each of these strategies is used 736 00:45:18,680 --> 00:45:22,120 Speaker 1: all the time, sometimes deliberately. The head of a company 737 00:45:22,160 --> 00:45:25,200 Speaker 1: will say, here's our rule, or we'll say, if we're stuck, 738 00:45:25,239 --> 00:45:27,640 Speaker 1: we're going to go to this person, or we'll say, 739 00:45:27,719 --> 00:45:30,680 Speaker 1: you know, it's a coin flip. And we're not as 740 00:45:30,719 --> 00:45:33,360 Speaker 1: disciplined sometimes as we should be in thinking about these 741 00:45:33,400 --> 00:45:37,160 Speaker 1: But that's the basic framework. What I hadn't thought through 742 00:45:37,440 --> 00:45:40,960 Speaker 1: was how do we decide whether to acquire information? How 743 00:45:40,960 --> 00:45:44,319 Speaker 1: did we decide what to believe? How do we think 744 00:45:44,320 --> 00:45:48,720 Speaker 1: about algorithms? How do we think about freedom? And these 745 00:45:49,520 --> 00:45:52,719 Speaker 1: questions which are all basically part of the same thing 746 00:45:53,719 --> 00:45:57,160 Speaker 1: we're stirring around in the head. And I kind of 747 00:45:57,160 --> 00:46:00,360 Speaker 1: figured out at least provisional responses to the question students 748 00:46:00,400 --> 00:46:01,440 Speaker 1: in the course of the book. 749 00:46:01,520 --> 00:46:06,520 Speaker 2: So, opt, delegate, no believe are the four big frameworks. 750 00:46:07,280 --> 00:46:11,480 Speaker 2: But given your background in behavioral finance, let's talk a 751 00:46:11,480 --> 00:46:15,880 Speaker 2: bit about biases. How should we contextualize heuristics that can 752 00:46:16,160 --> 00:46:20,279 Speaker 2: derail our cognitive processes when someone is trying to make 753 00:46:20,320 --> 00:46:23,319 Speaker 2: a rational decision. Maybe they do, maybe they don't. 754 00:46:23,960 --> 00:46:30,000 Speaker 1: Okay, So one bias is present bias where today really 755 00:46:30,080 --> 00:46:34,480 Speaker 1: matters and the future is a foreign country called later Land, 756 00:46:35,000 --> 00:46:37,480 Speaker 1: and we're not sure, we're ever going to visit, and 757 00:46:37,520 --> 00:46:41,920 Speaker 1: that actually has roots in the brain present bias. And 758 00:46:41,960 --> 00:46:45,160 Speaker 1: we know if we're baking investment choices, if we think 759 00:46:45,360 --> 00:46:49,960 Speaker 1: what we want to really maximize is wealth this week, 760 00:46:50,480 --> 00:46:53,680 Speaker 1: that's probably dumb. It's going to produce a lot of problems. 761 00:46:53,719 --> 00:46:56,880 Speaker 1: This is your field, of course, and we might decide 762 00:46:57,000 --> 00:47:00,880 Speaker 1: we're just going to adopt rule for investments which will 763 00:47:01,080 --> 00:47:05,520 Speaker 1: counteract our own present bias. Or we might think in 764 00:47:05,880 --> 00:47:09,640 Speaker 1: state government, let's say that unrealistic optimism is part of 765 00:47:09,680 --> 00:47:13,239 Speaker 1: the human species. Thank goodness for that. If you're being 766 00:47:13,360 --> 00:47:15,880 Speaker 1: chased by a lion, you ought not to think the 767 00:47:15,920 --> 00:47:19,080 Speaker 1: lines faster than I am, I'm going to die soon. 768 00:47:19,200 --> 00:47:22,319 Speaker 1: You ought to think I can really run. That's optimistic, 769 00:47:22,360 --> 00:47:24,239 Speaker 1: it's probably unrealistically optimistic. 770 00:47:24,400 --> 00:47:26,759 Speaker 2: Or just run faster than the guy you w Yeah. 771 00:47:26,480 --> 00:47:30,000 Speaker 1: Completely completely, and then the line will eat That other person, 772 00:47:30,080 --> 00:47:32,640 Speaker 1: who is profoundly to be hoped is not a dear friend. 773 00:47:33,239 --> 00:47:37,439 Speaker 1: So optimistic bias can create problems. So we might think 774 00:47:37,480 --> 00:47:42,640 Speaker 1: that given unrealistic optimism with respect to medical decisions, we're 775 00:47:43,000 --> 00:47:46,920 Speaker 1: just going to rely on the doctor. That's one thing 776 00:47:46,920 --> 00:47:50,000 Speaker 1: you might do. Or we might think, if you're a judge. 777 00:47:50,120 --> 00:47:53,200 Speaker 1: You might think I'm prone to mistakes with respect this 778 00:47:53,280 --> 00:47:56,440 Speaker 1: might be the future. I'm prone to mistakes with respect 779 00:47:56,440 --> 00:47:58,880 Speaker 1: to dealing with certain kinds of people what's call the 780 00:47:59,000 --> 00:48:03,680 Speaker 1: criminal defendants, and sentencing might be biased against one group 781 00:48:03,760 --> 00:48:05,879 Speaker 1: or another. I don't even know. I'm going to rely 782 00:48:05,920 --> 00:48:07,680 Speaker 1: on the algorithm. 783 00:48:07,719 --> 00:48:12,120 Speaker 2: I'm always fascinated by the sentencing studies that show the 784 00:48:12,200 --> 00:48:14,440 Speaker 2: longer judge is sitting on the bench that day, the 785 00:48:14,560 --> 00:48:18,839 Speaker 2: closer we are to lunch, the worse the sentences are. 786 00:48:19,040 --> 00:48:24,560 Speaker 2: It seems almost as if they're not algorithms, they're fallible 787 00:48:24,640 --> 00:48:28,000 Speaker 2: humans making decisions, some of which are not great. 788 00:48:28,239 --> 00:48:31,239 Speaker 1: Yeah, the most fun of these kinds of studies is 789 00:48:31,320 --> 00:48:35,640 Speaker 1: if the judges football team won over the weekend, the 790 00:48:35,719 --> 00:48:38,560 Speaker 1: judge is more lenient on the next day, and then 791 00:48:38,600 --> 00:48:40,600 Speaker 1: it's the favor of football team lost. 792 00:48:41,920 --> 00:48:46,040 Speaker 2: Amazing. So let's talk about some other influences. We've talked 793 00:48:46,080 --> 00:48:51,040 Speaker 2: about social media and mass media, and there's misinformation is ripe, 794 00:48:51,040 --> 00:48:55,360 Speaker 2: there's even propaganda and social networks. How does that impact 795 00:48:55,520 --> 00:49:00,000 Speaker 2: our decision making process, especially if it seems the peace 796 00:49:00,000 --> 00:49:04,080 Speaker 2: people most affected are the least aware of these these 797 00:49:04,680 --> 00:49:07,680 Speaker 2: you know, very very below the radar. Or not so 798 00:49:07,760 --> 00:49:10,719 Speaker 2: below the radar influences. 799 00:49:11,880 --> 00:49:16,680 Speaker 1: This is a fantastic question. And here's something over the 800 00:49:16,800 --> 00:49:20,680 Speaker 1: last maybe fifteen years, when Dick Taylor and I started 801 00:49:20,680 --> 00:49:25,680 Speaker 1: working on nudges, we were and we remain very upbeat 802 00:49:26,120 --> 00:49:32,680 Speaker 1: about the potential use of GPS like things to help 803 00:49:32,800 --> 00:49:36,799 Speaker 1: overcome people's biases. When I say GPS like things, I 804 00:49:36,840 --> 00:49:40,040 Speaker 1: mean a GPS device. It's a nudge. It helps you 805 00:49:40,160 --> 00:49:42,480 Speaker 1: get you where you want to go. It gives you 806 00:49:42,520 --> 00:49:45,440 Speaker 1: the best route. If you don't like what it says, 807 00:49:45,480 --> 00:49:49,200 Speaker 1: you can ignore it. So it's completely freedom producing or 808 00:49:49,239 --> 00:49:53,759 Speaker 1: freedom maintaining. And then there are other things like a 809 00:49:53,840 --> 00:49:57,680 Speaker 1: package that says this has shrimp in it. Personally I am 810 00:49:57,640 --> 00:50:00,840 Speaker 1: allergic to shrimp, so hooray for that disclosure. Or you 811 00:50:00,880 --> 00:50:04,160 Speaker 1: can have something that tells you a warning about side 812 00:50:04,200 --> 00:50:07,480 Speaker 1: effects and they might be relevant to your choices. These 813 00:50:07,520 --> 00:50:11,960 Speaker 1: are all nudges, okay, and they are designed to help 814 00:50:12,280 --> 00:50:17,719 Speaker 1: people deal with their cognitive limits. They might involve a bias, 815 00:50:17,880 --> 00:50:21,400 Speaker 1: they might involve an absence of information, but we know 816 00:50:21,719 --> 00:50:24,600 Speaker 1: and this is what at least I wasn't sufficiently alert 817 00:50:24,680 --> 00:50:28,480 Speaker 1: to in two thousand and eight that self interested or 818 00:50:28,600 --> 00:50:35,719 Speaker 1: malevolent types can use behavioral biases to manipulate people. So 819 00:50:35,760 --> 00:50:39,000 Speaker 1: you might use present bias to try to get people 820 00:50:39,040 --> 00:50:42,960 Speaker 1: to buy some product where the long term economic effects 821 00:50:43,000 --> 00:50:45,960 Speaker 1: are horrifying though the first week is going to be 822 00:50:45,960 --> 00:50:49,799 Speaker 1: pretty good. Or you might get people to buy some 823 00:50:50,040 --> 00:50:53,680 Speaker 1: product where you'd have to be crazy optimistic to think 824 00:50:53,680 --> 00:50:56,319 Speaker 1: it's a sensible thing to do because the risk associated 825 00:50:56,360 --> 00:50:59,360 Speaker 1: with it or horrible, or and I think this is 826 00:50:59,400 --> 00:51:03,240 Speaker 1: the most of all, you might use people's limited attention 827 00:51:03,920 --> 00:51:06,719 Speaker 1: to get them, let's say, to opt into something which 828 00:51:06,800 --> 00:51:08,640 Speaker 1: is going to be really hard to opt out of, 829 00:51:09,080 --> 00:51:13,360 Speaker 1: and once they've opted into it, they're stuck with something 830 00:51:13,400 --> 00:51:17,640 Speaker 1: that's going to be very expensive and not beneficial. So 831 00:51:18,000 --> 00:51:23,240 Speaker 1: the manipulation of people, we're just talking about the economic 832 00:51:23,280 --> 00:51:29,439 Speaker 1: sphere right now poses a very serious challenge, and social media, etc. 833 00:51:30,280 --> 00:51:35,640 Speaker 1: Make this unprecedentedly doable. I've worked with private sector entities 834 00:51:35,719 --> 00:51:40,400 Speaker 1: which are trying to use behavioral stuff to improve outcomes 835 00:51:40,400 --> 00:51:44,920 Speaker 1: for their customers and their investors, and that's fantastic. But 836 00:51:45,080 --> 00:51:49,160 Speaker 1: there are others who were trying to improve outcomes for themselves, 837 00:51:49,239 --> 00:51:52,120 Speaker 1: which is also fantastic, but not if it's at the 838 00:51:52,160 --> 00:51:53,640 Speaker 1: expense of the most vulnerable. 839 00:51:54,080 --> 00:51:59,040 Speaker 2: So you mentioned present bias. I love this Danny Kahneman quote, 840 00:51:59,320 --> 00:52:01,879 Speaker 2: nothing in life life is as important as you think 841 00:52:01,920 --> 00:52:06,600 Speaker 2: it is when you're thinking about it. That really says everything. 842 00:52:06,840 --> 00:52:11,600 Speaker 2: Talk about present bias. In the moment, it's very hard 843 00:52:11,680 --> 00:52:16,520 Speaker 2: to let anything else come into the picture. How should 844 00:52:16,560 --> 00:52:20,520 Speaker 2: we act around that and how should public policy be 845 00:52:20,600 --> 00:52:25,160 Speaker 2: set up to not let people's wetwear be taken advantage? 846 00:52:25,400 --> 00:52:29,880 Speaker 1: That's fantastic. So the only exception to Connomon's phrase nothing 847 00:52:29,920 --> 00:52:31,920 Speaker 1: in life is as important as you think it is 848 00:52:31,960 --> 00:52:35,560 Speaker 1: when you're thinking about it is that statement. That statement 849 00:52:35,719 --> 00:52:38,000 Speaker 1: is as important as it is when you're thinking about it. 850 00:52:39,880 --> 00:52:45,799 Speaker 1: So it might be that policy makers can put on 851 00:52:45,880 --> 00:52:51,120 Speaker 1: people's viewscreens things that they're not thinking about. So let's 852 00:52:51,120 --> 00:52:54,600 Speaker 1: say you're buying some product and that there are add 853 00:52:54,640 --> 00:52:59,040 Speaker 1: on fees of various kinds that are findable but not 854 00:52:59,080 --> 00:53:03,000 Speaker 1: really there aren't thinking about them. To put those add 855 00:53:03,000 --> 00:53:06,840 Speaker 1: on prices on people's viewscreens is a really good idea 856 00:53:07,480 --> 00:53:12,279 Speaker 1: for companies actually to do that and use competition to 857 00:53:12,320 --> 00:53:16,920 Speaker 1: promote fuller clarity on the part of consumers. That's a 858 00:53:16,960 --> 00:53:21,040 Speaker 1: really good idea. I think for securities, the securities laws, 859 00:53:21,080 --> 00:53:24,200 Speaker 1: there's a lot to say about them, but in so 860 00:53:24,360 --> 00:53:28,680 Speaker 1: far as they're trying to prevent people from falling victim 861 00:53:28,800 --> 00:53:33,719 Speaker 1: to present bias or limited attention or on realistic optimism, 862 00:53:34,280 --> 00:53:36,080 Speaker 1: that's an extremely worthy. 863 00:53:35,719 --> 00:53:40,880 Speaker 2: Goal, really quite intriguing. So I love this line in 864 00:53:40,920 --> 00:53:45,440 Speaker 2: the book get drunk on wine poetry or virtue in 865 00:53:46,080 --> 00:53:50,080 Speaker 2: Decisions about decisions. Tell us what that means, wine poetry 866 00:53:50,200 --> 00:53:50,760 Speaker 2: or virtue. 867 00:53:50,840 --> 00:53:54,239 Speaker 1: Okay, So that's from a poem by Bodelaire, which is 868 00:53:54,280 --> 00:54:01,200 Speaker 1: the improbable spirit guide of the book, And the title 869 00:54:01,200 --> 00:54:05,640 Speaker 1: of Bodelayer's poem is get Drunk, and that for a 870 00:54:05,680 --> 00:54:08,360 Speaker 1: law professor to celebrate a poem with that title is 871 00:54:08,400 --> 00:54:13,640 Speaker 1: a little unlikely, but I'm going to own it. Where 872 00:54:13,719 --> 00:54:18,319 Speaker 1: what bodal Layer says by get Drunk is basically, you know, 873 00:54:18,440 --> 00:54:23,040 Speaker 1: take life by the horns and be thrilled by it. 874 00:54:23,080 --> 00:54:28,720 Speaker 1: And there's also something about human diversity that what makes 875 00:54:28,760 --> 00:54:34,239 Speaker 1: you get thrilled. Maybe wine good. Don't over use it, 876 00:54:34,760 --> 00:54:37,720 Speaker 1: but go for it if that's what it gets you thrilled, 877 00:54:37,880 --> 00:54:41,200 Speaker 1: or if it's poetry, go for that, or if it's 878 00:54:41,280 --> 00:54:47,360 Speaker 1: virtue good works, that's admirable, of course, and if it 879 00:54:47,440 --> 00:54:51,200 Speaker 1: also is for you like wine, hooray. Now, of course 880 00:54:51,239 --> 00:54:54,160 Speaker 1: we want to say I think that maybe a little 881 00:54:54,160 --> 00:54:55,680 Speaker 1: more in the way of good works and a little 882 00:54:55,760 --> 00:54:58,600 Speaker 1: less in the way of wine is a good thing. 883 00:54:58,680 --> 00:55:02,160 Speaker 1: But that's a buzz kill on my part. And the 884 00:55:02,200 --> 00:55:04,799 Speaker 1: point of this part of the book is when we're 885 00:55:04,800 --> 00:55:10,440 Speaker 1: making about decisions, about decisions, think about what makes life fabulous. 886 00:55:11,000 --> 00:55:15,120 Speaker 1: That's really important. And I think the behavioral types, including yours, 887 00:55:15,160 --> 00:55:20,720 Speaker 1: truly often maybe overweight a little bit what makes life long, 888 00:55:21,440 --> 00:55:25,480 Speaker 1: and underweight a little bit what makes life fabulous. So 889 00:55:25,560 --> 00:55:32,040 Speaker 1: the first generation of behavioral work is really healthier, wealthier, safer, 890 00:55:33,400 --> 00:55:38,239 Speaker 1: more prosperous, and those are really important, but also kind 891 00:55:38,320 --> 00:55:44,160 Speaker 1: of better days. And Baudelaire get drunk. He's all over that. 892 00:55:44,600 --> 00:55:52,640 Speaker 2: So I interpreted Baudelaire as consumption, art, and intellect. Those 893 00:55:52,680 --> 00:55:55,840 Speaker 2: are the three broad topics which seem to cover a 894 00:55:55,440 --> 00:56:00,320 Speaker 2: lot of human behavior. But let's stick with happiness. You 895 00:56:00,800 --> 00:56:04,920 Speaker 2: reference some surveys that show people are less happy than ever, 896 00:56:05,640 --> 00:56:08,799 Speaker 2: even though by any objective measure, whether you're looking at 897 00:56:08,800 --> 00:56:13,560 Speaker 2: crime or healthcare or longevity except for the past couple 898 00:56:13,560 --> 00:56:19,960 Speaker 2: of years post pandemic, or poverty, or literacy, or just 899 00:56:20,000 --> 00:56:25,120 Speaker 2: go down the list by just about any measure, Americans 900 00:56:25,200 --> 00:56:27,680 Speaker 2: and humanity as a whole are better off than they 901 00:56:27,719 --> 00:56:32,359 Speaker 2: were twenty forty sixty years ago. Why do surveys say 902 00:56:32,440 --> 00:56:35,920 Speaker 2: people are unhappy? Is there a problem with this survey? 903 00:56:36,560 --> 00:56:39,239 Speaker 2: Is it twenty four to seven social media? Or do 904 00:56:39,320 --> 00:56:42,160 Speaker 2: we just not know how good it is? 905 00:56:42,719 --> 00:56:48,719 Speaker 1: It's a fantastic question. So let's think about two things. First, 906 00:56:49,960 --> 00:56:53,600 Speaker 1: day to day experience. Are people thinking that was a 907 00:56:53,640 --> 00:56:57,920 Speaker 1: great day, Monday was terrific, Tuesday was good, Wednesday not 908 00:56:58,080 --> 00:57:02,120 Speaker 1: so much. That's one thing. The other is not day 909 00:57:02,160 --> 00:57:04,840 Speaker 1: to day experience, but what kind of lives are people having? 910 00:57:05,320 --> 00:57:09,240 Speaker 1: Are they going to the doctor a lot? Are they learning? 911 00:57:09,680 --> 00:57:14,160 Speaker 1: Are they being treated with respect? People care about two 912 00:57:14,200 --> 00:57:17,960 Speaker 1: things that happiness doesn't capture. One is how meaningful their 913 00:57:17,960 --> 00:57:21,640 Speaker 1: life is, and the other is how much psychological richness 914 00:57:21,760 --> 00:57:24,440 Speaker 1: or let's call it diversity in their life they have. 915 00:57:24,760 --> 00:57:26,840 Speaker 1: So they might have a meaningful, happy life, but they 916 00:57:26,920 --> 00:57:28,960 Speaker 1: might be doing the same thing over and over again. 917 00:57:29,240 --> 00:57:31,680 Speaker 1: People don't like that. A lot of people don't like 918 00:57:31,760 --> 00:57:35,040 Speaker 1: that so much. They want to do something else. So 919 00:57:35,680 --> 00:57:41,560 Speaker 1: happiness meaning psychological richness, and it's important to say that 920 00:57:41,640 --> 00:57:44,280 Speaker 1: day to day happiness is really important. But it isn't 921 00:57:44,320 --> 00:57:49,680 Speaker 1: everything now with the surveys suggesting that some people and 922 00:57:49,800 --> 00:57:53,520 Speaker 1: some populations, maybe America is less happy now than it 923 00:57:53,680 --> 00:57:57,000 Speaker 1: was a certain point. I don't know whether it's an 924 00:57:57,000 --> 00:58:04,600 Speaker 1: expressive statement that pandemic time terrible or political polarization I'm 925 00:58:04,640 --> 00:58:09,200 Speaker 1: not liking that, or whether instead it's actually my life 926 00:58:09,280 --> 00:58:11,600 Speaker 1: isn't so good. So I don't think we've gotten to 927 00:58:11,680 --> 00:58:15,800 Speaker 1: the bottom of what the data actually shows about the 928 00:58:15,880 --> 00:58:19,720 Speaker 1: happiness part. If it is the case that people actually 929 00:58:19,800 --> 00:58:24,040 Speaker 1: are less happy, if that's true, that's a very serious, 930 00:58:26,280 --> 00:58:29,280 Speaker 1: not good thing, and we want to figure out why. 931 00:58:29,320 --> 00:58:32,360 Speaker 1: When I was in the White House under President Obama, 932 00:58:32,440 --> 00:58:36,440 Speaker 1: we did as the government always does, do cost benefit reports, 933 00:58:36,800 --> 00:58:40,960 Speaker 1: cost and benefits of regulations, and we added stuff on 934 00:58:41,800 --> 00:58:46,120 Speaker 1: happiness unsubjective well being. In the UK government, they're very 935 00:58:46,120 --> 00:58:50,600 Speaker 1: concerned about this, and I do think it's an important 936 00:58:50,600 --> 00:58:53,960 Speaker 1: field of endeavor to try to figure out are people 937 00:58:54,240 --> 00:58:57,680 Speaker 1: thinking life is great or is not so great? And 938 00:58:57,760 --> 00:59:02,680 Speaker 1: is that translated into depression and anxiety, etc. 939 00:59:03,520 --> 00:59:06,040 Speaker 2: So let me push back a little bit on the 940 00:59:06,120 --> 00:59:10,040 Speaker 2: use of surveys and Amazon's mechanical turk and all these things. 941 00:59:10,560 --> 00:59:15,000 Speaker 2: So the granddaddy of this in my field is when 942 00:59:15,120 --> 00:59:18,439 Speaker 2: you are setting up a portfolio for an investor, Hey 943 00:59:18,480 --> 00:59:21,280 Speaker 2: tell us about your risk tolerance. So you conservative, are 944 00:59:21,320 --> 00:59:26,520 Speaker 2: you moderate? Are you aggressive? What's your investment posture? And 945 00:59:26,920 --> 00:59:30,680 Speaker 2: whatever they tell you is a lie because all they're 946 00:59:30,720 --> 00:59:33,480 Speaker 2: really telling you is here's how the market has done 947 00:59:33,480 --> 00:59:36,120 Speaker 2: over the past ninety days. And if it's gone down, 948 00:59:36,360 --> 00:59:39,640 Speaker 2: I'm very risk averse, and if it's gone up, I'm 949 00:59:39,760 --> 00:59:43,760 Speaker 2: very aggressive. Every time I see a survey, I can't 950 00:59:43,760 --> 00:59:45,480 Speaker 2: help but think how much you're going to spend on 951 00:59:45,560 --> 00:59:49,120 Speaker 2: Christmas gifts this year? What is the direction of the economy? 952 00:59:49,320 --> 00:59:51,080 Speaker 2: Are we on the right track or on the wrong track. 953 00:59:51,240 --> 00:59:55,520 Speaker 2: I love the surveys right after the presidential election, where 954 00:59:55,640 --> 00:59:59,320 Speaker 2: what's the city of the economy? Suddenly the Democrats were here, 955 00:59:59,360 --> 01:00:01,920 Speaker 2: the Republicans where there, their guy loses it flips and 956 01:00:01,960 --> 01:00:05,440 Speaker 2: then the next election the same thing happens. So what 957 01:00:05,600 --> 01:00:09,400 Speaker 2: is the value of surveys when people really don't know 958 01:00:09,480 --> 01:00:13,400 Speaker 2: what they think, hardly know what they feel, and have 959 01:00:13,480 --> 01:00:15,160 Speaker 2: no idea what's going to happen in the future. 960 01:00:15,800 --> 01:00:19,680 Speaker 1: That's also a fantastic question. I'm doing surveys right now 961 01:00:19,800 --> 01:00:23,640 Speaker 1: that is right now on whether people like algorithms, And 962 01:00:23,680 --> 01:00:26,720 Speaker 1: so I'm asking people, would you choose an algorithm or 963 01:00:26,800 --> 01:00:30,000 Speaker 1: a person with respect to an investment decision, or an 964 01:00:30,040 --> 01:00:33,040 Speaker 1: algorithm or a person with respect to a vacation where 965 01:00:33,040 --> 01:00:35,480 Speaker 1: you're going to go, or algorithm or a person with 966 01:00:35,560 --> 01:00:38,600 Speaker 1: respect to health decisions? And I'll tell you what makes 967 01:00:38,640 --> 01:00:42,720 Speaker 1: me think that the very preliminary results you're gonna be 968 01:00:42,720 --> 01:00:46,760 Speaker 1: the first person to hear it are not useless. That 969 01:00:46,960 --> 01:00:51,400 Speaker 1: if you tell people things about the algorithm which give 970 01:00:51,480 --> 01:00:54,360 Speaker 1: people clarity on the data on which the algorithm is 971 01:00:54,400 --> 01:00:56,200 Speaker 1: relying and like there's a lot of it. 972 01:00:56,080 --> 01:00:59,280 Speaker 2: Like the MRI or cat skins that the algos clearly 973 01:00:59,320 --> 01:01:00,400 Speaker 2: do better than the humans. 974 01:01:00,480 --> 01:01:02,960 Speaker 1: Yeah, it's in the direction of that what I did. 975 01:01:03,440 --> 01:01:07,760 Speaker 1: Then the percentage of people who embrace the algorithm jumps dramatically. 976 01:01:08,440 --> 01:01:11,200 Speaker 1: And if you tell people things about the human alternative, 977 01:01:11,640 --> 01:01:13,720 Speaker 1: like this is a doctor who's been a specialist in 978 01:01:13,800 --> 01:01:17,440 Speaker 1: this for thirty years, then the interest in the human 979 01:01:17,480 --> 01:01:22,200 Speaker 1: being increases significantly. So the direction of the results in 980 01:01:22,240 --> 01:01:26,080 Speaker 1: the survey about which you would rely is consistent with 981 01:01:26,160 --> 01:01:30,920 Speaker 1: thinking people are attentive to whether the algorithm is just 982 01:01:31,000 --> 01:01:33,840 Speaker 1: a thing or whether it's got a terrific data set, 983 01:01:34,040 --> 01:01:37,040 Speaker 1: and whether the person is just a person or someone 984 01:01:37,040 --> 01:01:40,600 Speaker 1: who has thirty years of experience in the vacation sector. 985 01:01:40,880 --> 01:01:43,920 Speaker 1: Let's say, so that survey and stop of mind for 986 01:01:43,960 --> 01:01:49,400 Speaker 1: me because I'm working on it now, seems instructive and TBD. 987 01:01:49,600 --> 01:01:51,480 Speaker 1: This might be a book in the fullness of time. 988 01:01:52,680 --> 01:01:53,960 Speaker 2: I would expect nothing less that. 989 01:01:54,240 --> 01:01:59,000 Speaker 1: With respect to happiness, let's consider three things, shall we 990 01:01:59,520 --> 01:02:03,480 Speaker 1: efforts to measure people's experience in real time, So, like, 991 01:02:03,640 --> 01:02:06,040 Speaker 1: on a scale of one to ten, right now, I'm 992 01:02:06,280 --> 01:02:10,080 Speaker 1: approximately ten because I'm really enjoying talking to this, talking 993 01:02:10,080 --> 01:02:13,280 Speaker 1: about this. I find that ten, of course I would. 994 01:02:13,320 --> 01:02:16,920 Speaker 1: But I find people's answers how happy are you right now? 995 01:02:17,280 --> 01:02:20,080 Speaker 1: How anxious are you? How stressed I are you? How 996 01:02:20,280 --> 01:02:24,920 Speaker 1: angry are you? Angry? Zero, stressed me right now? Two, 997 01:02:25,560 --> 01:02:26,840 Speaker 1: anxious me right now? 998 01:02:26,880 --> 01:02:27,280 Speaker 2: One? 999 01:02:27,720 --> 01:02:31,439 Speaker 1: And these are all credible in real time. That's one 1000 01:02:31,480 --> 01:02:34,520 Speaker 1: way of doing it that seems pretty good at getting 1001 01:02:34,520 --> 01:02:36,880 Speaker 1: how people are. If people are in the midst of 1002 01:02:36,960 --> 01:02:40,920 Speaker 1: dealing with a really angry and difficult young child, people 1003 01:02:41,600 --> 01:02:45,479 Speaker 1: give answers, I'm really not having a great time right now, 1004 01:02:45,520 --> 01:02:49,120 Speaker 1: and that's credible about their emotional state. Then there's at 1005 01:02:49,160 --> 01:02:52,160 Speaker 1: the opposite spectrum, how satisfied are you with your life? 1006 01:02:53,160 --> 01:02:56,440 Speaker 1: And these are crude because it might be that if 1007 01:02:56,480 --> 01:02:59,040 Speaker 1: people had like a really good date the night before, 1008 01:02:59,280 --> 01:03:05,360 Speaker 1: they'll say and so. But there is stability on these things, 1009 01:03:05,600 --> 01:03:09,400 Speaker 1: and they're within nation differences that are interesting and seems 1010 01:03:09,400 --> 01:03:12,480 Speaker 1: to be telling us something. So there's a lot of 1011 01:03:12,520 --> 01:03:16,480 Speaker 1: work on whether life satisfaction is kind of crude but 1012 01:03:16,600 --> 01:03:20,680 Speaker 1: directionally informative. I tend to think yes. And then there 1013 01:03:20,680 --> 01:03:24,160 Speaker 1: are things in between where you ask people at the 1014 01:03:24,240 --> 01:03:27,160 Speaker 1: end of the day, and Danny Konneman is pioneered this 1015 01:03:27,400 --> 01:03:30,680 Speaker 1: called the day reconstruction method. You ask people how were you? 1016 01:03:31,200 --> 01:03:34,360 Speaker 1: This is less demanding for the experimenter than trying to 1017 01:03:34,360 --> 01:03:37,720 Speaker 1: ask people every second how are you? And if you 1018 01:03:37,760 --> 01:03:39,880 Speaker 1: ask people that enough, they're going to say, I'm really 1019 01:03:39,960 --> 01:03:43,160 Speaker 1: irritated because you keep asking me how I am? So 1020 01:03:43,400 --> 01:03:45,520 Speaker 1: condom an asked at the end of the day, how 1021 01:03:45,560 --> 01:03:47,920 Speaker 1: were you when you were taking care of your kids? 1022 01:03:47,960 --> 01:03:50,600 Speaker 1: How were you when you were on social media? How 1023 01:03:50,600 --> 01:03:52,560 Speaker 1: were you when you were at work? How were you 1024 01:03:52,600 --> 01:03:55,920 Speaker 1: when you were commuting? And the results are pretty credible. 1025 01:03:56,240 --> 01:03:59,640 Speaker 1: People really don't like commuting, and they really do like 1026 01:03:59,720 --> 01:04:03,480 Speaker 1: let's intimate relations. 1027 01:04:02,200 --> 01:04:03,200 Speaker 2: To say the very least. 1028 01:04:03,320 --> 01:04:07,400 Speaker 1: That people are very, very positive about that. 1029 01:04:07,400 --> 01:04:10,600 Speaker 2: That's quite fascinating, Which leads us to talk about the 1030 01:04:10,640 --> 01:04:14,440 Speaker 2: book you wrote on Star Wars, The World according to 1031 01:04:14,520 --> 01:04:19,520 Speaker 2: Star Wars. This became a New York Times bestseller, great reviews. 1032 01:04:20,120 --> 01:04:23,360 Speaker 2: What led Harvard law professor to write a book on 1033 01:04:23,400 --> 01:04:24,080 Speaker 2: Star Wars? 1034 01:04:24,560 --> 01:04:29,160 Speaker 1: My son, who was six or seven, got obsessed with 1035 01:04:29,280 --> 01:04:33,280 Speaker 1: Star Wars and we watched it together, and I thought, 1036 01:04:33,680 --> 01:04:35,840 Speaker 1: you know, I like Star Wars. At that point, I 1037 01:04:35,880 --> 01:04:38,920 Speaker 1: wasn't crazy about Star Wars, and I thought, what is 1038 01:04:38,960 --> 01:04:43,600 Speaker 1: it about Star Wars so that my young boy would 1039 01:04:43,640 --> 01:04:47,000 Speaker 1: go nuts for it? When it's a long time ago? 1040 01:04:47,680 --> 01:04:53,400 Speaker 1: And so I got focused on its enduring appeal, and 1041 01:04:53,680 --> 01:04:55,880 Speaker 1: then I thought the idea of writing a book about 1042 01:04:55,920 --> 01:05:00,400 Speaker 1: it was too crazy not to go forth with No 1043 01:05:00,560 --> 01:05:02,920 Speaker 1: publisher for a long time had even a little bit 1044 01:05:03,000 --> 01:05:06,320 Speaker 1: interested at really, so I almost thought I was going 1045 01:05:06,400 --> 01:05:10,440 Speaker 1: to publish it myself as something. I talked to my 1046 01:05:10,720 --> 01:05:13,560 Speaker 1: literary agent about publishing myself, which I've never done before, 1047 01:05:13,640 --> 01:05:15,920 Speaker 1: because I enjoyed it so much. And then at the 1048 01:05:16,160 --> 01:05:20,400 Speaker 1: last minute, a prominent publisher thought, we'll give this one 1049 01:05:20,440 --> 01:05:20,840 Speaker 1: a try. 1050 01:05:21,760 --> 01:05:26,280 Speaker 2: We'll circle back to that concept of people in industries 1051 01:05:26,320 --> 01:05:29,360 Speaker 2: not knowing what works. But right in the beginning of 1052 01:05:29,400 --> 01:05:32,200 Speaker 2: the book you drop a number that is mind blowing. 1053 01:05:32,760 --> 01:05:37,720 Speaker 2: The Star Wars franchise has earned forty two billion dollars worldwide. 1054 01:05:38,160 --> 01:05:41,600 Speaker 2: That's an insane number. How has a movie earned that 1055 01:05:41,760 --> 01:05:42,400 Speaker 2: much money? 1056 01:05:43,160 --> 01:05:44,760 Speaker 1: It's probably a lot higher now. 1057 01:05:45,120 --> 01:05:47,840 Speaker 2: And the well you have the Mandalorian and Boba Fett 1058 01:05:47,880 --> 01:05:52,960 Speaker 2: and all of the streaming versions and countless countless animated things, 1059 01:05:53,960 --> 01:06:00,640 Speaker 2: plus the Disney rides. It really is its own industry completely. 1060 01:06:00,880 --> 01:06:05,400 Speaker 1: And one thing is that success breeds success. The other 1061 01:06:05,480 --> 01:06:10,560 Speaker 1: thing is that it's amazing. So the George Lucaswans especially, 1062 01:06:10,800 --> 01:06:13,440 Speaker 1: I say, apologies, Disney. 1063 01:06:13,040 --> 01:06:15,680 Speaker 2: People, You're okay, You're right with that, You're okay with that, 1064 01:06:16,320 --> 01:06:17,320 Speaker 2: and thank you for that. 1065 01:06:17,520 --> 01:06:21,560 Speaker 1: And you know, he did something incredible, so it had 1066 01:06:21,600 --> 01:06:26,360 Speaker 1: a foundation, but he also benefited from a lot of 1067 01:06:27,520 --> 01:06:29,840 Speaker 1: serendipity that helped. 1068 01:06:30,040 --> 01:06:33,080 Speaker 2: So let's talk a little bit about a concept I 1069 01:06:33,120 --> 01:06:37,120 Speaker 2: love from William Goldman, who wrote Princess Bride and he 1070 01:06:37,240 --> 01:06:40,160 Speaker 2: was the script doctor on All the President's Men and 1071 01:06:40,200 --> 01:06:43,240 Speaker 2: Butch casting a Sundance Kid. He just a legend in 1072 01:06:43,280 --> 01:06:47,960 Speaker 2: Star Wars and his concept is nobody knows anything, certainly 1073 01:06:48,000 --> 01:06:51,840 Speaker 2: not about the future, about what might resonate with the public. 1074 01:06:52,120 --> 01:06:55,200 Speaker 2: All the studios originally passed on Star Wars, they passed 1075 01:06:55,240 --> 01:06:59,040 Speaker 2: on Raiders of the Lost Arc, almost all the publishers 1076 01:06:59,080 --> 01:07:04,000 Speaker 2: rejected Rowling. You referenced the Sugarman documentary, which was really 1077 01:07:04,080 --> 01:07:08,120 Speaker 2: quite fascinating. So it really leads the question what makes 1078 01:07:08,720 --> 01:07:12,640 Speaker 2: a form of entertainment have this sort of cultural resonance. 1079 01:07:12,680 --> 01:07:17,800 Speaker 2: You mentioned Lucas got lucky. Still, it's more than just 1080 01:07:17,920 --> 01:07:20,320 Speaker 2: dumb luck. There's got to be some level of quality. 1081 01:07:20,320 --> 01:07:21,320 Speaker 2: There has to be great. 1082 01:07:21,520 --> 01:07:24,439 Speaker 1: So another example, I'm writing a book right now called 1083 01:07:24,520 --> 01:07:28,040 Speaker 1: How to Become Famous, and it's about exactly this, and 1084 01:07:28,400 --> 01:07:31,560 Speaker 1: it was inspired by The Beatles, where the Beatles. Everybody 1085 01:07:31,600 --> 01:07:35,440 Speaker 1: turned down to the Beatles. They wrote letters to Brian Epstein, 1086 01:07:35,520 --> 01:07:38,480 Speaker 1: the Beatles guy agents, saying the boys. 1087 01:07:38,240 --> 01:07:40,080 Speaker 2: Won't go Guitar music is over. 1088 01:07:40,400 --> 01:07:45,400 Speaker 1: Yeah, and the Beatles themselves said, you know, we're in 1089 01:07:45,440 --> 01:07:48,800 Speaker 1: big trouble. We can't get a record deal. They became 1090 01:07:48,800 --> 01:07:53,720 Speaker 1: the Beatles. Did they come close to failing? Maybe? Okay, 1091 01:07:53,800 --> 01:07:57,800 Speaker 1: So clearly you're right you need quality. But consider the 1092 01:07:57,880 --> 01:08:01,960 Speaker 1: following fact that John Keats often thought to be the 1093 01:08:01,960 --> 01:08:05,240 Speaker 1: most beautiful poet when the English language died at the 1094 01:08:05,280 --> 01:08:07,479 Speaker 1: age of twenty five. He was very ambitious. He thought 1095 01:08:07,480 --> 01:08:11,000 Speaker 1: he failed, and he put on his grave something like 1096 01:08:11,120 --> 01:08:14,840 Speaker 1: he whose life was written in water. And Jane Austen, 1097 01:08:15,000 --> 01:08:18,400 Speaker 1: maybe the most beloved novelist, was not thought to be 1098 01:08:18,479 --> 01:08:20,720 Speaker 1: the greatest novelist of her time. She wasn't thought to 1099 01:08:20,720 --> 01:08:24,080 Speaker 1: be the greatest female novelist of her time. How she 1100 01:08:24,240 --> 01:08:29,599 Speaker 1: became Jane Austen is very complicated. The story, the story 1101 01:08:29,640 --> 01:08:34,559 Speaker 1: of John Keats and Jane Austen is across generations. I 1102 01:08:34,600 --> 01:08:39,680 Speaker 1: think the story of the Beatles and Star Wars within 1103 01:08:39,800 --> 01:08:44,720 Speaker 1: a compressed period where something catches a wave. Now it 1104 01:08:44,720 --> 01:08:47,120 Speaker 1: has to be great to catch a wave. If it's 1105 01:08:47,479 --> 01:08:49,880 Speaker 1: just someone who doesn't know how to serve, they're going 1106 01:08:49,960 --> 01:08:53,000 Speaker 1: to fall, so it has to be great. But what 1107 01:08:53,120 --> 01:08:56,080 Speaker 1: happened with Star Wars. We can talk a bit about 1108 01:08:56,120 --> 01:08:59,639 Speaker 1: the merits, but I think what really happened was social 1109 01:08:59,720 --> 01:09:03,519 Speaker 1: infa luences, which is not to diminish the amazingness of 1110 01:09:03,760 --> 01:09:07,639 Speaker 1: the Star Wars movies. But people wanted to go see 1111 01:09:07,680 --> 01:09:10,479 Speaker 1: Star Wars because everyone was going to see Star Wars, 1112 01:09:10,840 --> 01:09:14,800 Speaker 1: and that happened early on so that people thought not 1113 01:09:14,960 --> 01:09:18,120 Speaker 1: to see Star Wars is to miss out. It's like, 1114 01:09:18,160 --> 01:09:20,680 Speaker 1: who do I think I am on this earth not 1115 01:09:20,760 --> 01:09:23,439 Speaker 1: to go see Star Wars. I remember that, by the way, 1116 01:09:24,240 --> 01:09:29,200 Speaker 1: And that wasn't because it was fantastic, though it was fantastic. 1117 01:09:29,240 --> 01:09:32,360 Speaker 1: It was because other people thought it was fantastic. Taylor 1118 01:09:32,400 --> 01:09:35,560 Speaker 1: Swift is a correct example. I think Taylor Swift is 1119 01:09:35,600 --> 01:09:40,320 Speaker 1: completely amazing, but her amazingness does not account for the 1120 01:09:40,360 --> 01:09:44,160 Speaker 1: fact that she's so famous. It's that people love her, 1121 01:09:44,680 --> 01:09:47,840 Speaker 1: and even people who don't love her are interested in 1122 01:09:47,880 --> 01:09:50,880 Speaker 1: her or pretend to love her. I'm here to say 1123 01:09:50,920 --> 01:09:53,120 Speaker 1: I'm not pretending to love her. I really loved her. 1124 01:09:53,320 --> 01:09:56,080 Speaker 1: I thought her music was great even before she was 1125 01:09:56,400 --> 01:09:59,519 Speaker 1: quite what she is now, because Neil Young, who's one 1126 01:09:59,560 --> 01:10:02,040 Speaker 1: of my hero said, Taylor Swift is the real deal, 1127 01:10:02,360 --> 01:10:04,160 Speaker 1: and I thought, I have to listen to Taylor Swift. 1128 01:10:05,320 --> 01:10:09,120 Speaker 1: So this is all around us, and there are people 1129 01:10:09,200 --> 01:10:14,160 Speaker 1: who are not like George Lucas, or not like Taylor Swift, 1130 01:10:14,240 --> 01:10:18,240 Speaker 1: or not like the Beatles, who maybe were about as amazing, 1131 01:10:18,880 --> 01:10:22,599 Speaker 1: but something didn't happen for them, and we've never heard 1132 01:10:22,640 --> 01:10:26,879 Speaker 1: of them, or we will hear of them after Tomorrow. 1133 01:10:27,720 --> 01:10:31,559 Speaker 2: There's a fascinating section in Derek Thompson's book How It's 1134 01:10:31,600 --> 01:10:37,040 Speaker 2: Happened about how the Impressionists were essentially more or less ignored. 1135 01:10:37,280 --> 01:10:39,559 Speaker 2: I think vango and never sold a painting in his lifetime, 1136 01:10:39,960 --> 01:10:44,320 Speaker 2: but one of their members, who came from wealthy family, 1137 01:10:45,040 --> 01:10:48,160 Speaker 2: left a whole run of these Impressionist paintings with the 1138 01:10:48,479 --> 01:10:52,000 Speaker 2: edict that left it to the French government and this 1139 01:10:52,120 --> 01:10:54,160 Speaker 2: has to be displayed on the museum and if not, 1140 01:10:54,560 --> 01:10:58,800 Speaker 2: you can't have them, And very unhappily the French government did, 1141 01:10:58,920 --> 01:11:03,120 Speaker 2: and suddenly it became a sensation. But for that who 1142 01:11:03,160 --> 01:11:06,160 Speaker 2: knows money man a Picero go down. The whole list 1143 01:11:06,920 --> 01:11:09,280 Speaker 2: may not be part of the pantheon that we look 1144 01:11:09,280 --> 01:11:10,640 Speaker 2: at today completely. 1145 01:11:10,960 --> 01:11:13,800 Speaker 1: I love Derek Thompson's book and I think that's a 1146 01:11:13,840 --> 01:11:17,880 Speaker 1: fantastic example. So one way to think about it is 1147 01:11:17,960 --> 01:11:23,160 Speaker 1: that the phenomenon of power laws is highly relevant to 1148 01:11:23,240 --> 01:11:28,080 Speaker 1: success and failure, where we tend to think of things 1149 01:11:28,120 --> 01:11:31,160 Speaker 1: as linear with respect to growth. But that's not true 1150 01:11:31,200 --> 01:11:33,479 Speaker 1: for video games, it's not true for films, it's not 1151 01:11:33,520 --> 01:11:36,280 Speaker 1: true for novels, it's not true for art. It's a 1152 01:11:36,320 --> 01:11:39,719 Speaker 1: power law. This is very slightly technical for yours truly 1153 01:11:39,760 --> 01:11:42,840 Speaker 1: the English major, not technical for you, the Bath guy. 1154 01:11:43,320 --> 01:11:46,160 Speaker 1: But if we understand the phenomenon of power laws on 1155 01:11:46,200 --> 01:11:51,799 Speaker 1: how they work, then we'll get real clarity on spectacular success, 1156 01:11:51,960 --> 01:11:53,200 Speaker 1: including that of Star Wars. 1157 01:11:53,520 --> 01:11:56,040 Speaker 2: Very much. I want to take all sort of phenomena, 1158 01:11:56,360 --> 01:12:02,200 Speaker 2: So let's talk bring Star Wars back to behavioral economics. 1159 01:12:03,000 --> 01:12:05,840 Speaker 2: You note in the book whenever people find themselves at 1160 01:12:05,920 --> 01:12:10,080 Speaker 2: some sort of a crossroad within Star Wars, the series 1161 01:12:10,320 --> 01:12:14,040 Speaker 2: proclaims you are free to choose. This is the deepest 1162 01:12:14,120 --> 01:12:17,559 Speaker 2: lesson of Star Wars, which kind of reminds me of 1163 01:12:18,080 --> 01:12:21,439 Speaker 2: you and Thaylor's work in Nudge in terms of setting 1164 01:12:21,560 --> 01:12:25,720 Speaker 2: up choice architecture. Was that a conscious explanation? 1165 01:12:26,520 --> 01:12:30,960 Speaker 1: Well, Taylor and I were very focused on preservation of 1166 01:12:31,000 --> 01:12:34,879 Speaker 1: freedom and continue to be, And some of our friends 1167 01:12:34,960 --> 01:12:39,080 Speaker 1: on the left are mad at us because we're pro freedom. 1168 01:12:39,680 --> 01:12:42,280 Speaker 1: That's probably a self serving way to describe it, but 1169 01:12:44,040 --> 01:12:47,240 Speaker 1: I'm sticking with it. The thought of some of our 1170 01:12:47,280 --> 01:12:49,720 Speaker 1: friends on the left is that we need much more 1171 01:12:49,720 --> 01:12:52,400 Speaker 1: in the way of corrosion and mandates, and of course 1172 01:12:52,800 --> 01:12:55,639 Speaker 1: they have a role, But Taylor and I are very 1173 01:12:55,640 --> 01:13:04,240 Speaker 1: big on investor freedom, consumer freedom, America, exclamation Point, Star 1174 01:13:04,320 --> 01:13:09,879 Speaker 1: Wars is similar. It's art, it's not, you know, social science. 1175 01:13:10,439 --> 01:13:14,519 Speaker 1: And as between art and social science, at least my 1176 01:13:14,600 --> 01:13:18,200 Speaker 1: current mood, I go for art and I love them both. 1177 01:13:18,280 --> 01:13:22,519 Speaker 1: But Lucas is an artist and it's his soul that's speaking. 1178 01:13:22,920 --> 01:13:25,519 Speaker 1: And I don't know how conscious he was about this, though. 1179 01:13:25,520 --> 01:13:29,000 Speaker 1: I can tell you a little story if you want, okay. 1180 01:13:29,040 --> 01:13:34,360 Speaker 1: So freedom is the theme. Darth Vader, who's the worst 1181 01:13:34,360 --> 01:13:38,600 Speaker 1: person in the universe, maybe the second worst at the 1182 01:13:38,640 --> 01:13:44,240 Speaker 1: crucial moment, exercises his freedom because he believes that saving 1183 01:13:44,320 --> 01:13:48,240 Speaker 1: his son is more important than fidelity to the Emperor, 1184 01:13:48,320 --> 01:13:52,120 Speaker 1: and he sacrifices everything that's his choice, and that saves him. 1185 01:13:52,360 --> 01:13:55,160 Speaker 1: So it's in some ways a spiritual, even a Christian 1186 01:13:55,160 --> 01:13:59,440 Speaker 1: book about freedom, and this is what makes it, I think, transcendent. 1187 01:14:00,000 --> 01:14:02,240 Speaker 1: The story is that after I did the book, the 1188 01:14:02,280 --> 01:14:04,559 Speaker 1: one person who I was most terrified to see was 1189 01:14:04,560 --> 01:14:07,760 Speaker 1: George Lucas, whom I knew a tiny, tiny, tiny bit. 1190 01:14:08,360 --> 01:14:10,519 Speaker 1: And I was at a big event with maybe three 1191 01:14:10,600 --> 01:14:13,240 Speaker 1: hundred people, and there in the distance was George Lucas, 1192 01:14:13,600 --> 01:14:15,120 Speaker 1: and he started walking toward me. 1193 01:14:15,640 --> 01:14:17,519 Speaker 2: Line you see him coming towards you. 1194 01:14:17,760 --> 01:14:20,960 Speaker 1: Yeah, and I thought he was walking fast but suadenly, 1195 01:14:21,000 --> 01:14:24,000 Speaker 1: and I thought, please God, let Harrison Ford be right 1196 01:14:24,040 --> 01:14:27,400 Speaker 1: in back of me. Please God, let someone whom he 1197 01:14:27,479 --> 01:14:29,559 Speaker 1: knows me in back of me. Please God, let him 1198 01:14:29,600 --> 01:14:31,960 Speaker 1: not will be walking toward me. But he's continuing to 1199 01:14:32,000 --> 01:14:34,559 Speaker 1: walk toward me. And it's about two hundred yards and 1200 01:14:34,680 --> 01:14:36,479 Speaker 1: now he's one hundred and fifty yards away. Now he's 1201 01:14:36,479 --> 01:14:38,800 Speaker 1: one hundred yards away. And I thought, maybe I can 1202 01:14:38,880 --> 01:14:41,479 Speaker 1: be like some character in Star Wars where I can 1203 01:14:41,520 --> 01:14:45,200 Speaker 1: make myself meld into the floor. 1204 01:14:45,240 --> 01:14:47,240 Speaker 2: This is not the law professor you're looking at. 1205 01:14:48,800 --> 01:14:50,680 Speaker 1: I thought, can I do a mind trick so he 1206 01:14:50,720 --> 01:14:53,799 Speaker 1: doesn't know it's me? Or can I make myself really tiny? 1207 01:14:54,080 --> 01:14:56,759 Speaker 1: Or can I make myself pure liquid? But he's walking 1208 01:14:56,800 --> 01:14:59,800 Speaker 1: toward me. And then he said the most terrifying words 1209 01:14:59,800 --> 01:15:04,200 Speaker 1: I've ever heard from a human being, which is he said, 1210 01:15:04,200 --> 01:15:07,360 Speaker 1: I read your book. And I thought, oh my gosh, 1211 01:15:07,360 --> 01:15:10,400 Speaker 1: that's going to happen. And then he paused, and he said, 1212 01:15:10,439 --> 01:15:14,200 Speaker 1: without any sense of pleasure, he said I liked it. 1213 01:15:15,120 --> 01:15:18,160 Speaker 1: And then he said, without any sense of pleasure, no smile, 1214 01:15:18,360 --> 01:15:22,120 Speaker 1: he said it's good. Then he paused and said, with 1215 01:15:22,200 --> 01:15:25,840 Speaker 1: no smile at all, he said, you got what I 1216 01:15:25,880 --> 01:15:28,880 Speaker 1: was trying to do. And then he paused, and he said, 1217 01:15:28,920 --> 01:15:31,160 Speaker 1: start a smile, and he said, but the other books 1218 01:15:31,200 --> 01:15:34,200 Speaker 1: on Star Wars, they're terrible. And then he got a 1219 01:15:34,240 --> 01:15:36,360 Speaker 1: big smile and got really happy, and he said, and 1220 01:15:36,400 --> 01:15:39,880 Speaker 1: you made mistakes. I loved him so much that he 1221 01:15:40,000 --> 01:15:42,599 Speaker 1: wasn't going to flatter me. I wasn't going to say anything. 1222 01:15:42,640 --> 01:15:44,800 Speaker 1: You know, you read a good book. But he was 1223 01:15:45,600 --> 01:15:48,320 Speaker 1: as nice as he could be, and he has become 1224 01:15:48,360 --> 01:15:51,160 Speaker 1: a friend. And we talked a bit about the book, 1225 01:15:51,240 --> 01:15:54,360 Speaker 1: and he said, at one point, you have no idea 1226 01:15:54,439 --> 01:15:57,840 Speaker 1: how much work I put into the prequels. And I said, 1227 01:15:58,160 --> 01:16:01,240 Speaker 1: do you know you're talking to I wrote a book 1228 01:16:01,280 --> 01:16:03,080 Speaker 1: on this. I know how much work you put on 1229 01:16:03,160 --> 01:16:06,080 Speaker 1: the prequels. In the prequels, and he smiled. And then 1230 01:16:06,560 --> 01:16:10,080 Speaker 1: he described one of my alleged mistakes. And I'm not 1231 01:16:10,120 --> 01:16:12,120 Speaker 1: going to disclose what it was because that would be 1232 01:16:12,200 --> 01:16:15,280 Speaker 1: violating a confidence. But I don't believe it was a 1233 01:16:15,320 --> 01:16:19,120 Speaker 1: mistake at all. I think he was retrofitting something in 1234 01:16:19,160 --> 01:16:21,360 Speaker 1: the genesis of the Star Wars, which. 1235 01:16:21,000 --> 01:16:22,760 Speaker 2: He has been known to do, which a lot of 1236 01:16:23,000 --> 01:16:28,080 Speaker 2: Very often he engages a little revisionist literary history. 1237 01:16:27,800 --> 01:16:31,360 Speaker 1: And I think that's great for a great artist writer. 1238 01:16:32,080 --> 01:16:34,599 Speaker 1: This was a private conversation where he had no stake 1239 01:16:34,680 --> 01:16:39,040 Speaker 1: in anything, but we argued a little bit. I thought, 1240 01:16:39,120 --> 01:16:43,880 Speaker 1: this is pretty surreal that I'm telling George Lucas about 1241 01:16:43,880 --> 01:16:46,960 Speaker 1: the genesis of the Star Wars movies. That I'm believing 1242 01:16:47,000 --> 01:16:50,439 Speaker 1: myself rather than George Lucas, and that might have been 1243 01:16:50,479 --> 01:16:51,479 Speaker 1: motivated recently. 1244 01:16:51,720 --> 01:16:54,679 Speaker 2: Hey, if George Lucas said your book on Star Wars 1245 01:16:54,840 --> 01:16:57,040 Speaker 2: was good and the rest of him or not, that's 1246 01:16:57,120 --> 01:16:59,800 Speaker 2: a giant win. Can't do much better than that. 1247 01:17:00,040 --> 01:17:03,479 Speaker 1: I think what he I like to think it's. 1248 01:17:03,280 --> 01:17:06,720 Speaker 2: Pretty clear that the book, so this is a Your 1249 01:17:07,280 --> 01:17:13,840 Speaker 2: regular books are academic and deeply researched, and they're not lightweight. This, 1250 01:17:13,960 --> 01:17:16,280 Speaker 2: on the other hand, is a fun I don't want 1251 01:17:16,280 --> 01:17:19,120 Speaker 2: to say it's a lightweight read, but it's an easy read, 1252 01:17:19,800 --> 01:17:22,240 Speaker 2: and it's clear a lot of thought and depth went 1253 01:17:22,280 --> 01:17:27,040 Speaker 2: into it to say, what is the genesis of Star Wars? 1254 01:17:27,080 --> 01:17:29,639 Speaker 2: Not just the Joseph Campbell Man of a Thousand Faces, 1255 01:17:29,720 --> 01:17:33,479 Speaker 2: but what are the philosophical motivations of Lucas? What is 1256 01:17:33,479 --> 01:17:37,040 Speaker 2: he trying? You know, the relevance about Nixon moving to 1257 01:17:37,120 --> 01:17:41,400 Speaker 2: authoritarian and the freedom like it's clear thought went into 1258 01:17:41,439 --> 01:17:43,000 Speaker 2: this and he picked that up. 1259 01:17:43,120 --> 01:17:44,760 Speaker 1: Yeah, thank you for that. Thank you. 1260 01:17:44,960 --> 01:17:47,000 Speaker 2: So I only have you for a few minutes. Let 1261 01:17:47,000 --> 01:17:50,160 Speaker 2: me ask throw you a couple of curveball questions and 1262 01:17:50,160 --> 01:17:53,160 Speaker 2: then we'll quickly do our speed round our favorite questions. 1263 01:17:53,720 --> 01:17:58,679 Speaker 2: So you were a professor at University of Chicago, where 1264 01:17:58,920 --> 01:18:03,840 Speaker 2: Richard Posner was also a professor. He once was the 1265 01:18:03,880 --> 01:18:08,519 Speaker 2: most cited law professor in the US until you came along. 1266 01:18:08,640 --> 01:18:11,200 Speaker 2: Tell us a little bit about your relationship with Bosner. 1267 01:18:11,360 --> 01:18:16,439 Speaker 1: It was very good so early on. He was a giant, 1268 01:18:16,880 --> 01:18:21,320 Speaker 1: and he was very skeptical of some of the things 1269 01:18:21,360 --> 01:18:27,080 Speaker 1: I thought, but he was very engaged and very collegial, 1270 01:18:27,280 --> 01:18:31,320 Speaker 1: so it was all substance, not personal, and I just 1271 01:18:31,439 --> 01:18:35,160 Speaker 1: learned so much from him. His comments on my papers, 1272 01:18:35,200 --> 01:18:39,720 Speaker 1: which he thought were bad papers, were instructive comments, and 1273 01:18:39,760 --> 01:18:44,000 Speaker 1: they made them less bad papers. Engaging with his thinking 1274 01:18:44,320 --> 01:18:50,720 Speaker 1: was a gift to me. And I think as skeptical 1275 01:18:51,000 --> 01:18:55,160 Speaker 1: as I was of maybe ninety percent of what he thought, 1276 01:18:55,240 --> 01:18:58,160 Speaker 1: I ended up agreeing with maybe forty percent of what 1277 01:18:58,240 --> 01:19:03,160 Speaker 1: he thought. It was he was I think he wouldn't 1278 01:19:03,400 --> 01:19:05,920 Speaker 1: want to think of himself as a mentor of mine. 1279 01:19:06,040 --> 01:19:10,280 Speaker 2: But he was, So let's address some of the things 1280 01:19:10,280 --> 01:19:16,120 Speaker 2: he thought of law and economics. Initially was considered fairly 1281 01:19:16,280 --> 01:19:21,519 Speaker 2: radical and an extra legislative back door to affect the 1282 01:19:21,600 --> 01:19:25,440 Speaker 2: judicial process. Tell us a little bit about his philosophy, 1283 01:19:25,479 --> 01:19:30,760 Speaker 2: which in small measure he recanted after the financial crisis. 1284 01:19:31,120 --> 01:19:37,639 Speaker 2: He said, my core belief is the company's own desire 1285 01:19:37,640 --> 01:19:41,000 Speaker 2: to preserve their reputations should have prevented them from doing 1286 01:19:41,080 --> 01:19:43,640 Speaker 2: what took place during the financial crisis. I don't know 1287 01:19:43,680 --> 01:19:46,320 Speaker 2: how much of a if that's a full recant or 1288 01:19:46,960 --> 01:19:51,240 Speaker 2: just a post financial crisis without happened. But tell us 1289 01:19:51,280 --> 01:19:52,200 Speaker 2: about his theories. 1290 01:19:52,720 --> 01:19:58,160 Speaker 1: So, I think the largest contribution Posner made was to think, 1291 01:19:58,439 --> 01:20:02,679 Speaker 1: what are the consequences of law for people? And how 1292 01:20:02,680 --> 01:20:05,800 Speaker 1: can we be empirical about that? So is the law 1293 01:20:05,840 --> 01:20:09,320 Speaker 1: contributing to well being? Is it leading to economic growth? 1294 01:20:09,880 --> 01:20:14,000 Speaker 1: Is it destroying wealth? Is it helping consumers and investors? 1295 01:20:14,080 --> 01:20:17,800 Speaker 1: Or is it hurting them? And that insistent focus on 1296 01:20:17,800 --> 01:20:20,880 Speaker 1: one of the consequences of law that was for me 1297 01:20:21,040 --> 01:20:24,360 Speaker 1: then and I'm smiling now, it was like a breath 1298 01:20:24,360 --> 01:20:26,000 Speaker 1: of fresh air. When I was in law school. We 1299 01:20:26,000 --> 01:20:28,800 Speaker 1: never asked about that as what was analogous to what? 1300 01:20:29,479 --> 01:20:32,960 Speaker 1: And Poser just said, what does this mean for people? 1301 01:20:33,280 --> 01:20:35,840 Speaker 1: In a way that had no sentimentality to it. It 1302 01:20:35,920 --> 01:20:41,000 Speaker 1: had numbers, and that's amazing. Then there was the idea 1303 01:20:41,080 --> 01:20:44,360 Speaker 1: that the common law is efficient. So we thought the 1304 01:20:44,439 --> 01:20:46,920 Speaker 1: law of private property, contract and tour it in England 1305 01:20:46,960 --> 01:20:49,880 Speaker 1: and America just is efficient. That's how he made his reputation. 1306 01:20:50,680 --> 01:20:54,559 Speaker 1: I don't think that survived, but it's not crazy false, 1307 01:20:55,920 --> 01:21:01,640 Speaker 1: It's not wildly inefficient, and it's pretty efficient. So I 1308 01:21:01,680 --> 01:21:06,040 Speaker 1: think that that was a fundamental contribution. His kind of 1309 01:21:06,120 --> 01:21:12,200 Speaker 1: Chicago is skepticism about a role for government regulation and such. 1310 01:21:12,280 --> 01:21:14,720 Speaker 1: I think that was really a third order idea. The 1311 01:21:14,800 --> 01:21:20,519 Speaker 1: more fundamental is think about the consequences. I don't know 1312 01:21:20,520 --> 01:21:24,400 Speaker 1: what to think about recantation by him. It may be 1313 01:21:24,560 --> 01:21:28,680 Speaker 1: that just under the spell of a horrible economic downturn, 1314 01:21:28,760 --> 01:21:31,040 Speaker 1: he thought there were some things I thought that weren't right. 1315 01:21:31,680 --> 01:21:35,240 Speaker 1: But more fundamental was his focus on evidence and data 1316 01:21:35,760 --> 01:21:38,920 Speaker 1: than is thinking that I am a Chicago school person 1317 01:21:39,360 --> 01:21:43,799 Speaker 1: and on behavioral economics my own focus. He really did shift, 1318 01:21:43,840 --> 01:21:45,760 Speaker 1: and he wrote me a note saying he shifted in 1319 01:21:45,760 --> 01:21:48,040 Speaker 1: the early days Taylor and I gave a talk at 1320 01:21:48,120 --> 01:21:52,479 Speaker 1: Chicago in which he was fiercely skeptical, and he wrote 1321 01:21:52,479 --> 01:21:56,720 Speaker 1: about behavioral economics in a way that was full of dismissiveness, 1322 01:21:56,720 --> 01:21:59,360 Speaker 1: and he ended up being I think the word a 1323 01:21:59,439 --> 01:22:03,120 Speaker 1: convert is is accurate, and that's because he thought the 1324 01:22:03,120 --> 01:22:04,639 Speaker 1: evidence supported it. Well. 1325 01:22:04,640 --> 01:22:09,600 Speaker 2: When you look at the original pre behavioral model of economics, 1326 01:22:10,200 --> 01:22:15,000 Speaker 2: the fundamental premise is false. Humans are rational profit mocktimizers. 1327 01:22:15,280 --> 01:22:19,000 Speaker 2: We're not. And if your foundation is false, well how 1328 01:22:19,040 --> 01:22:21,519 Speaker 2: I can that building on top of it go? All right, 1329 01:22:21,520 --> 01:22:23,080 Speaker 2: so I only have you for a few minutes, Let's 1330 01:22:23,120 --> 01:22:26,320 Speaker 2: jump to our favorite questions, our speed round that we 1331 01:22:26,520 --> 01:22:29,759 Speaker 2: ask all of our guests, And let's start with what's 1332 01:22:29,800 --> 01:22:32,160 Speaker 2: been keeping you entertained? What are you either listening to 1333 01:22:32,320 --> 01:22:33,760 Speaker 2: or watching these days? 1334 01:22:33,760 --> 01:22:37,479 Speaker 1: The show on Netflix called Vortex, which I love, love, 1335 01:22:37,560 --> 01:22:41,080 Speaker 1: love love. It's French. It's about time travel and it's 1336 01:22:41,120 --> 01:22:45,040 Speaker 1: about romance, and it's about the economy, and it's about heroism, 1337 01:22:45,280 --> 01:22:48,360 Speaker 1: and it's about the future in the past, and it's 1338 01:22:48,479 --> 01:22:50,160 Speaker 1: not to be missed. Vortex. 1339 01:22:50,600 --> 01:22:53,120 Speaker 2: We'll definitely check it out. Do you speak French or 1340 01:22:53,720 --> 01:22:57,560 Speaker 2: are you just a Francophile or is your pro Trepity Pompo. 1341 01:22:58,720 --> 01:23:02,559 Speaker 2: If you haven't seen cole my agent strong recommend it's 1342 01:23:02,600 --> 01:23:08,320 Speaker 2: absolutely delightful. So you've mentioned several mentors who helped guide 1343 01:23:08,360 --> 01:23:09,000 Speaker 2: your career. 1344 01:23:10,479 --> 01:23:15,200 Speaker 1: I would single out a recently deceased law professor named 1345 01:23:15,280 --> 01:23:20,800 Speaker 1: Lloyd wine Reb, who taught a course at Harvard on 1346 01:23:21,040 --> 01:23:24,360 Speaker 1: law and philosophy, and undergraduate course which I took on 1347 01:23:24,400 --> 01:23:28,360 Speaker 1: a kind of flyer, and it alerted me to a 1348 01:23:28,439 --> 01:23:31,880 Speaker 1: world I had no idea it existed. So I would 1349 01:23:31,880 --> 01:23:34,000 Speaker 1: single out Lloyd Winereb. 1350 01:23:35,000 --> 01:23:36,720 Speaker 2: What are some of your favorite books? What are you 1351 01:23:36,720 --> 01:23:37,559 Speaker 2: reading right now? 1352 01:23:38,320 --> 01:23:42,919 Speaker 1: My favorite book of all time is Possession by as 1353 01:23:42,960 --> 01:23:46,760 Speaker 1: By It it's the greatest work of fiction in the 1354 01:23:47,240 --> 01:23:51,880 Speaker 1: English language. Wow, And I reread it every few years 1355 01:23:51,960 --> 01:24:00,360 Speaker 1: and it's completely great. I'm reading right now John's Stuart 1356 01:24:00,360 --> 01:24:04,880 Speaker 1: Mills The Subjection of Women, which because I'm writing about 1357 01:24:04,880 --> 01:24:08,400 Speaker 1: liberalism as a political theory and where it came from, 1358 01:24:08,600 --> 01:24:13,800 Speaker 1: and Mill on equality and liberty is relevant. 1359 01:24:13,960 --> 01:24:17,840 Speaker 2: Let's say, to say the very least, what sort of 1360 01:24:17,840 --> 01:24:21,040 Speaker 2: advice would you give to a recent college grad interest 1361 01:24:21,120 --> 01:24:25,000 Speaker 2: in a career in either law or behavioral finance. 1362 01:24:26,680 --> 01:24:32,040 Speaker 1: Find things you love and focus on them, because even 1363 01:24:32,080 --> 01:24:35,400 Speaker 1: if you don't succeed spectacularly, at least you will have 1364 01:24:35,560 --> 01:24:40,320 Speaker 1: loved not succeeding spectacularly. And if you focus on the 1365 01:24:40,360 --> 01:24:43,080 Speaker 1: things you really enjoy and love, the chance that you'll 1366 01:24:43,120 --> 01:24:44,960 Speaker 1: succeed skyrockets. 1367 01:24:46,040 --> 01:24:48,360 Speaker 2: And our final question, what do you know about the 1368 01:24:48,400 --> 01:24:57,799 Speaker 2: world of law, constitution, nudges, sludges, noise, behavioral finance today 1369 01:24:58,200 --> 01:25:00,880 Speaker 2: that you wish you knew forty or so years ago 1370 01:25:00,920 --> 01:25:02,840 Speaker 2: when you were first getting started. 1371 01:25:02,840 --> 01:25:08,040 Speaker 1: Well, I wish I'd known about the horror of sludge 1372 01:25:08,479 --> 01:25:16,439 Speaker 1: understood as administrative burdens, waiting time, long forms, in person 1373 01:25:16,520 --> 01:25:21,000 Speaker 1: interview requirements, things that make it so that if you're 1374 01:25:21,160 --> 01:25:23,439 Speaker 1: kind of doing well in life, but you need help 1375 01:25:23,479 --> 01:25:25,880 Speaker 1: in one kind of one kind or another, it's really 1376 01:25:25,920 --> 01:25:28,799 Speaker 1: hard to get it. Or if you're struggling in life, 1377 01:25:28,920 --> 01:25:32,320 Speaker 1: let's say you're old, or you're sick, or you're poor, 1378 01:25:32,800 --> 01:25:39,080 Speaker 1: or you're struggling, you're lonely. The various administrative burdens we 1379 01:25:39,120 --> 01:25:43,479 Speaker 1: impose on people, they are like a wall that's our 1380 01:25:43,520 --> 01:25:49,320 Speaker 1: society erects often inadvertently take down that wall. 1381 01:25:49,680 --> 01:25:53,760 Speaker 2: Mister whomever, quite fascinating cask, thank you for being so 1382 01:25:53,920 --> 01:25:58,680 Speaker 2: generous with your time. We have been speaking with Cass Sunstein, 1383 01:26:00,040 --> 01:26:03,920 Speaker 2: whose career is just legendary in the fields of law 1384 01:26:04,560 --> 01:26:09,439 Speaker 2: and publishing and behavioral finance and public service. I don't 1385 01:26:09,439 --> 01:26:12,320 Speaker 2: know what else to say other than thank you. If 1386 01:26:12,360 --> 01:26:15,200 Speaker 2: you enjoyed this conversation, be sure and check out any 1387 01:26:15,280 --> 01:26:19,000 Speaker 2: of the five hundred previous discussions we've had over the 1388 01:26:19,040 --> 01:26:24,240 Speaker 2: past eight years. You can find those at iTunes, Spotify, YouTube, 1389 01:26:24,320 --> 01:26:27,880 Speaker 2: wherever you find your favorite podcasts. Sign up from my 1390 01:26:28,000 --> 01:26:31,600 Speaker 2: daily reading list at rid Halts dot com. Follow me 1391 01:26:31,880 --> 01:26:35,080 Speaker 2: on Twitter at rid Halts, although that account was hacked 1392 01:26:35,120 --> 01:26:38,680 Speaker 2: and in the meantime I'm using at Barry Underscore rit 1393 01:26:38,720 --> 01:26:41,760 Speaker 2: Halts until I get it back. Follow all of the 1394 01:26:41,760 --> 01:26:46,519 Speaker 2: Bloomberg family of podcasts on Twitter at podcasts. I would 1395 01:26:46,520 --> 01:26:48,679 Speaker 2: be remiss if I did not thank the crack team 1396 01:26:48,680 --> 01:26:52,360 Speaker 2: that helps with these conversations together. My audio engineer is 1397 01:26:52,560 --> 01:26:56,479 Speaker 2: Justin Milner, My producer is Paris Walld, My project manager 1398 01:26:56,520 --> 01:27:00,719 Speaker 2: is Atika val Bron. My researcher is Sean Russo. I'm 1399 01:27:00,840 --> 01:27:04,800 Speaker 2: Barry Retoltz. You've been listening to Masters in Business on 1400 01:27:04,920 --> 01:27:06,880 Speaker 2: Bloomberg Radio