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

Legal scholars van Rooij and Fine debunk several criminal justice myths in this wide-ranging and deeply researched study of the sociological and psychological factors that cause people to break the law. They cite numerous studies showing that harsh prison sentences actually lead to more crime, and provide examples of innovative programs, such as Operation Ceasefire in Boston and Operation Peacemaker Fellowship in Richmond, Calif., that reduced crime by offering counseling, monthly stipends, and practical assistance to “high-risk” offenders. Lucidly explaining the neuroscience and psychology behind these and other deterrence measures, van Rooij and Fine describe the difference between “automated unconscious cognition” and “conscious cognition,” and detail an intriguing series of studies exploring how individuals with psychological conditions that affect moral reasoning might be better integrated into society. Drawing on research conducted on people’s willingness to comply with Covid-19 prevention measures, the authors identify six questions to ask when analyzing the “root causes” of misbehavior, and advocate for involving social and behavioral scientists in the development of new laws. Enriched by the authors’ optimism and expertise, this is an insightful guide to fixing the law. (Oct.)