I’ve lately been reconsidering whether it makes sense to pursue a PhD on top of the JD I’m paying for. It would be in either psychology or neuroscience, but I’m having trouble weighing the pros and cons of the additional degree. Counterintuitively, I’m pretty certain that the PhD would end up limiting the career choices I have available without creating many new ones. This might actually be a good thing, nudging me toward academia. But it’s pretty well documented that people have a bias toward keeping as many doors open as possible, sometimes even when it’s more advantageous to specialize (did Barry Schwartz write about that?). And then there is the time commitment.
The law school does have a Project on Law and Mind Sciences. Jon Hanson, who heads that program and maintains the always interesting Situationist blog, does work I really strongly admire. I’ve already taken a seminar with him that’s only reinforced my desire to pursue some psychological strands in the law. Briefly, he’s arguing that people’s choices are constrained by the situations and circumstances around them, and that we’re mistaken in focusing on personality or the idea of individuals as consistent moral actors. It’s a position I agree with but that doesn’t really suggest very practical, realizable policies (or maybe that’s just a statement on how deeply ingrained the fundamental attribution error is in our society).
I am writing all this in part because I couldn’t sleep tonight. I just finished watching this video of Cass Sunstein describing his most recent book, Nudge, which suggests ways that some basic psychological insights can improve policy effectiveness:
http://forum.wgbh.org/lecture/improving-decisions-about-health-wealth-and-happiness
Sunstein was at HLS for about a semester before being appointed head of OIRA when Obama took office this last winter. I recall one of my professors calling it the most powerful position in government you’ve never heard of. OIRA makes cost-benefit determinations (alongside the OMB), coordinates agencies, and oversees wide-ranging government policies. And under Sunstein’s direction, it will presumably also be now taking actual human behavior into account in implementing policy. It’s unfortunate I won’t get to take a class with him, but it is reassuring to know that the current administration has people whose skepticism toward the rational actor model predated the economic crisis.
Anyway, the point is, there are ways here to be exploring this area, and there are people around doing interesting work. Whether I apply for an additional degree or not, I’m determined to publish something before I graduate, and I plan to use this space to start hashing through some ideas.