Unintended Consequences

One of the trickiest problems facing policymakers is the risk of unintended consequences. Even policies passed with the best of intentions can produce very negative outcomes, often to seemingly unrelated issues. Good policy decisions rest both on proper diagnosis–that is, a thoughtful and informed analysis of the problem to be solved and its causes–and on recognition of the effects a proposed policy change might have on other areas of American life.

Those two requirements of sound policymaking–proper diagnosis and an understanding of what we might call the “inter-relationship” of policy areas–require policymakers to be competent and informed. Enormous damage can be done by ideologues impatient with pesky realities, or self-important ignoramuses acting with limited understanding..

Considerable harm can be done unintentionally by people who lack the knowledge necessary to see the probable consequences of their ignorance. What makes the coming Trump administration so terrifying is that it is composed almost entirely of such people.

Trump himself is clearly unable to understand the logical outcomes of his threats–think his love affair with tariffs, which would vastly increase inflation, or the effects of his plan to deport millions of immigrants, many of whom American farmers rely upon to pick their crops.

I thought about the problem of unintended consequences when I came across an article focused on the unfortunate effects of even well-meaning legislation passed by thoughtful legislators. 

Richard Rothstein wrote The Color of Law, a book I heartily recommend. It was an eye-opening history of the many laws that created America’s residential segregation, and any reader who comes to it while laboring under the misapprehension that such neighborhoods arose by chance or choice will discover otherwise. (I will admit to being shocked when I read it, and I did know some of what he covered.)

In the linked article, however, he takes analysis a bit farther, and shows how that shameful history led to a seemingly unrelated bill that worsened the negative outcomes of residential segregation.

I was recently asked how I came to write The Color of LawThe answer is this: In the 1990s and early 2000s, I had been a journalist and policy analyst studying public education. At the time, it was conventional wisdom that the “achievement gap”—black students having lower average performance than white students—was caused by lazy or incompetent teachers of low-income children. In 2002, this view, shared across the political spectrum, was enshrined in federal legislation: the “No Child Left Behind” law. Its theory was that if we shamed teachers by publishing their low-income African American students’ test scores, the teachers would work harder and the achievement gap would disappear. Residues of this law continue to this day. If you wonder why elementary and secondary schools are so obsessed with administering standardized tests and reporting their scores, it’s because of that policy.

Rothstein eventually concluded that lower average achievement of these pupils wasn’t due to deficits of instruction, but to the

social and economic challenges that children brought with them to school—for example, greater rates of lead poisoning that resulted in damaged cognitive function; living in more polluted neighborhoods that led to a higher incidence of asthma that kept children up at night wheezing and coming to school drowsier the next day; lack of adequate health care, including dental care, that brought more children to school with distracting toothaches, and on and on…

Looking back on this now, it’s remarkable that the book treated these all as individual student disadvantages, and made very little mention of segregation. But I soon thereafter realized that it was one thing if individual students came to school with one or more of such challenges; it was quite another if many students in a school did so, overwhelming the ability of even the best teachers to overcome them. We call such schools “segregated” schools and so I began to think of school segregation as the greatest problem facing American public education. And as I thought about it further, an obvious fact struck me: the reason we have segregated schools is because they are located in segregated neighborhoods. For me, a logical next step was to view neighborhood segregation as a school problem, one that writers about education policy should consider more carefully.

That insight led Rothstein to write The Color of Law. It should caution us to recognize the complex and inter-related nature of so many of the issues modern America faces.

We will soon see what happens when the government is run by people who don’t understand H.L. Mencken’s observation that “For every complex problem, there’s an answer that is clear, simple, and wrong.”

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What It Means To Recognize Complexity

I could have written the introduction to a recent New York Times column by Frank Bruni. In fact, I’ve written some posts that sound eerily familiar! Those of you who’ve read this blog for a while will recognize the similarity; here’s his lede:

I warn my students. At the start of every semester, on the first day of every course, I confess to certain passions and quirks and tell them to be ready: I’m a stickler for correct grammar, spelling and the like, so if they don’t have it in them to care about and patrol for such errors, they probably won’t end up with the grade they’re after. I want to hear everyone’s voice — I tell them that, too — but I don’t want to hear anybody’s voice so often and so loudly that the other voices don’t have a chance.

And I’m going to repeat one phrase more often than any other: “It’s complicated.” They’ll become familiar with that. They may even become bored with it. I’ll sometimes say it when we’re discussing the roots and branches of a social ill, the motivations of public (and private) actors and a whole lot else, and that’s because I’m standing before them not as an ambassador of certainty or a font of unassailable verities but as an emissary of doubt. I want to give them intelligent questions, not final answers. I want to teach them how much they have to learn — and how much they will always have to learn.

When I was still teaching, I echoed every bit of that message–adding to the repeated admonition about complexity a lawyer’s reminder that issues are inevitably fact-sensitive. In other words, “it depends.”

Bruni’s essay goes on to address something my previous posts did not–why the recognition of complexity matters. It’s about humility. As Bruni says, recognizing that “it’s complicated” is a bulwark against arrogance, absolutism, purity and zeal.

As eminent jurist Learned Hand famously put it, “The spirit of liberty is the spirit that is not so sure it’s right.”

Arrogance, absolutism, purity and zeal…could there be a more succinct, more accurate description of the crazies in the Senate and especially the zealots in the House of Representatives who are currently preventing thoughtful governance? (We should have a t-shirt with those words printed on it sent to Indiana’s own version of Marjorie Taylor Green, Jim Banks…)

Bruni asserts–I think properly–that humility is the antidote to grievance, and that grievance is the overwhelming political motivator these days.

We live in an era defined and overwhelmed by grievance — by too many Americans’ obsession with how they’ve been wronged and their insistence on wallowing in ire. This anger reflects a pessimism that previous generations didn’t feel. The ascent of identity politics and the influence of social media, it turned out, were better at inflaming us than uniting us. They promote a self-obsession at odds with community, civility, comity and compromise. It’s a problem of humility.

 The Jan. 6 insurrectionists were delusional, frenzied, savage. But above all, they were unhumble. They decided that they held the truth, no matter all the evidence to the contrary. They couldn’t accept that their preference for one presidential candidate over another could possibly put them in the minority — or perhaps a few of them just reasoned that if it did, then everybody else was too misguided to matter. They elevated how they viewed the world and what they wanted over tradition, institutional stability, law, order.

Bruni reminds readers that successful government requires teamwork, and that any significant progress requires consensus. “Governing, as opposed to demagoguery, is about earning others’ trust and cooperation. Exhibiting a willingness to listen to and to hear them goes a long way toward that.”

The entire linked essay is worth reading. Its message is especially pertinent to Hoosiers as Indiana winds down to the May 7th primary election. The vicious, nasty, dishonest ads being aired ad nauseam by Republicans running for Governor and for Congress are reminiscent more of monkeys throwing poo than messages from serious individuals willing to act upon their understanding of the common good. These contending political accusations display no hint of humility, no recognition of complexity, not even a nod toward civility. (Research suggests that voters’ response to such negative campaigning isn’t a vote for the particular monkey throwing the poo, but rather a decision to stay home on election day. That’s an unfortunate, but understandable, reaction.)

America faces complicated, pressing issues. We really need to stop electing purists and zealots who are ill-equipped to understand the complexity of those issues and too arrogant and absolutist to engage in the democratic negotiation and compromise necessary to solve them.

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The Appeal Of Extremism

There was a meme going around on Facebook a couple of weeks back to the effect that conspiracy theories appeal especially to people who don’t understand how the government works. (It was phrased in a more pithy manner, but that was the gist.)

That insight was consistent with research on people attracted to various kinds of fundamentalism: religious, political or even nutritional. In a complicated world, there is something very attractive–even restful–about a world cleanly divided into spheres of black and white. This is good, that is bad. This is what God (or nature) demands, and that will send you down the road to hell (or kill you before your time).

No agonizing involved. Just respect the bright line–and try to get the government make your neighbors do likewise.

The attraction of those bright lines– good versus bad, right versus wrong, no shades of gray–goes a long way toward explaining the political figures who go from one extreme to the other. Those of us of a “certain age” still remember the members of the so-called intelligencia who were enamored of communism, then–after being “mugged by reality”–became just as devotedly and rigidly rightwing. These are folks who desperately need the clarity that comes with a very oversimplified view of reality.

The Guardian recently reported on a study confirming the nature of that appeal. It found that people who embrace extremist attitudes tend to perform poorly on complex mental tasks.

Researchers from the University of Cambridge sought to evaluate whether cognitive disposition – differences in how information is perceived and processed – sculpt ideological world-views such as political, nationalistic and dogmatic beliefs, beyond the impact of traditional demographic factors like age, race and gender.

According to the study published in the journal Philosophical Transactions of the Royal Society B, researchers found that ideological attitudes “mirrored cognitive decision-making.”

A key finding was that people with extremist attitudes tended to think about the world in black and white terms, and struggled with complex tasks that required intricate mental steps, said lead author Dr Leor Zmigrod at Cambridge’s department of psychology.

“Individuals or brains that struggle to process and plan complex action sequences may be more drawn to extreme ideologies, or authoritarian ideologies that simplify the world,” she said.

The researchers found that participants in the study who were prone to dogmatism – which they defined as “stuck in their ways and relatively resistant to credible evidence” actually had problems with processing evidence even at a perceptual level.

For most people, through most of human history, life was comparatively simple. Not easy, certainly, but far less complicated than it can be in the environment we now inhabit. Constant changes in technology challenge us. Globalization and vastly improved methods of communication confront homogeneous communities with the radical diversity of the earth’s population. The Internet constantly highlights the vastness of human knowledge–and reminds each of us that our individual ability to understand the world is pretty limited.

And of course, we are constantly reminded of the threats we face: climate change, pollution, terrorism (foreign and domestic), assaults on democratic governance, evidence of multiple institutions that aren’t functioning properly…It’s all pretty daunting, and making sense of the connections and contradictions is more daunting still, even for people emotionally and intellectually able to deal with the degree of ambiguity and complexity involved.

That said, we also need to recognize that the inability to deal with complexity isn’t some sort of IQ test–it appears to be the result of an interplay between personality and intellect. We can’t simply shrug and attribute acceptance of QAnon and the like to stupidity, or substandard education. We desperately need to understand the nature of this inability to accept and process complexity–the reasons for some people’s resistance to life’s inescapable ambiguities.

We especially need to figure out how to address the seductive appeal of dangerous simplicities–including the siren calls of conspiracy theories.

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“It Depends”–But Sometimes It Doesn’t

I don’t know who Susan Hennessey is, but I think we are probably what used to be known as “kindred spirits.” The reason I came to that conclusion was the following paragraph from her post at Lawfare:

 “Much of my education has been about grasping nuance, shades of gray. Resisting the urge to oversimplify the complexity of human motivation. This year has taught me that, actually, a lot of what really matters comes down to good people and bad people. And these are bad people.”

For years, I have included some form of the following statement in my courses’ introductory lectures: You will find, during the semester, that I can be an opinionated professor. Your grade in this course absolutely does not depend upon agreeing with me. My goal is not to inculcate policy positions.  I will, however, consider that I have been a success as an instructor if, after you have taken this course, you use two phrases more frequently than you previously did. Those phrases are “It depends” and “It’s more complicated than that.” If you are better able to recognize contingency and complexity after being in this class, I will have done what I set out to do.

I have often criticized Americans’  knee-jerk, “bipolar” approach to issues, the tendency to see every debate in shades of black and white, good versus evil. We live in a world that is largely gray, with complicated problems that don’t lend themselves to solutions by way of  bumper-sticker slogans and rigid ideological mantras.

I continue to understand arguments about policy and governance that way–most of the issues we debate are what lawyers call “fact-sensitive,” dependent upon context, factual distinctions, the art of the possible. But it is getting harder and harder to ignore the fact that not every argument is nuanced, or conducted in good faith, and not every party to our ongoing national debates is honorable.

Not every conflict is between persons of good will who simply see things differently.

There really are bad people. Not people who are simply misguided, not people who just don’t understand the issue, not people who are “coming from a different place.” People who are deeply flawed, and utterly devoid of the qualities thought essential to membership in a civilized and humane society.

The challenge is to tell the difference between the people who simply see things differently and the people who are irredeemably bad. At this point–at least with respect to the gangsters in Washington–I think we have enough evidence to make a determination.

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Reality Doesn’t Care Whether You Believe It (Part II)

One of the defining features of our time is increasing complexity; the rapid growth and sophistication of technology, the globalization of economics, science and even governance, in short, the accelerating production of vast amounts of knowledge that no one person can hope to master (or even identify).

This complexity requires informed and thoughtful policymaking, an understanding of how the various aspects of our shared environment interact, if we are to avoid unintended and very harmful consequences.

Unfortunately, we have elected a President and numerous lawmakers who are not up to the task, to put it as delicately as possible. They are supported by voters who dismiss people who do have expertise, people who actually know things, as “elitist.”

A couple of examples: a while back, the New York Times ran an article about automation, addressing a number of likely consequences of new AI (Artificial Intelligence) technologies:

A.I. products that now exist are improving faster than most people realize and promise to radically transform our world, not always for the better. They are only tools, not a competing form of intelligence. But they will reshape what work means and how wealth is created, leading to unprecedented economic inequalities and even altering the global balance of power.

It is imperative that we turn our attention to these imminent challenges.

What is artificial intelligence today? Roughly speaking, it’s technology that takes in huge amounts of information from a specific domain (say, loan repayment histories) and uses it to make a decision in a specific case (whether to give an individual a loan) in the service of a specified goal (maximizing profits for the lender). Think of a spreadsheet on steroids, trained on big data. These tools can outperform human beings at a given task.

I have posted previously about the potential consequences of AI and automation generally for job creation. The number of jobs lost to automation already dwarfs those lost to outsourcing and trade–and yet, activists on both the Right and Left continue to focus only on trade policy.

This kind of A.I. is spreading to thousands of domains (not just loans), and as it does, it will eliminate many jobs. Bank tellers, customer service representatives, telemarketers, stock and bond traders, even paralegals and radiologists will gradually be replaced by such software. Over time this technology will come to control semiautonomous and autonomous hardware like self-driving cars and robots, displacing factory workers, construction workers, drivers, delivery workers and many others.

Unlike the Industrial Revolution and the computer revolution, the A.I. revolution is not taking certain jobs (artisans, personal assistants who use paper and typewriters) and replacing them with other jobs (assembly-line workers, personal assistants conversant with computers). Instead, it is poised to bring about a wide-scale decimation of jobs — mostly lower-paying jobs, but some higher-paying ones, too.

If Donald Trump has ever addressed this issue, or suggested that he is even aware of it, it has escaped my notice.

Richard Hofstadter’s book, Anti-intellectualism in American Life is, if anything, more relevant today than when it was written. What Hofstadter and others who have addressed this particular element of American culture failed to foresee, however, was a time in which the federal government (together with a good number of state governments–Texas comes immediately to mind) would be controlled by people who neither understand the world they live in nor know what they don’t know.

Science Magazine  recently reported on the EPA’s dismissal of 38 science advisors.

U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt continues to clean house at a key advisory committee, signaling plans to drop several dozen current members of the Board of Scientific Counselors (BOSC), according to an email yesterday from a senior agency official.

Unlike most of Trump’s cabinet, Pruitt is proving to be effective. Unfortunately, he is proving effective in his efforts to destroy the EPA–not just by denying the reality of climate change science, but by rolling back regulations that protect air and water quality. He appears to be operating on a theory common to this administration: if a reality is uncongenial, ignore it or deny its existence. If evidence contradicts your worldview, dismiss it.

Yesterday, in a reference to Neil DeGrasse Tyson, I observed that science and reality are true whether or not you believe them.

The worst thing about giving simple and/or corrupt people the power to run a government they do not understand is that complicated realities continue to be realities, and the longer we fail to engage those realities, the worse the consequences.

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