Chapter 8: On lawmakers, lawmaking and effectiveness
So how can effectiveness help lawmakers in their complex tasks? Effectiveness adds a purposive dimension to legislative decision making: it does not tell lawmakers what to do or how to do it but adds a layer of pragmatism and offers a concrete decision making criterion. In this way, it encourages a closer connection between legislation and reality and makes the lawmaking process ‘bottom up’, ‘grounded’ and more open to evidence and knowledge. Lawmakers on the other hand, using effectiveness in decision making, are prompted to be ‘reflective’ rather than rely on intuition or just ‘muddle through’ and engage in active thinking, being aware of the heuristics and cognitive biases that are unique to their trade. Effective law requires lawmakers who are good designers, skilled mechanics but also active learners and thinkers.
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