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3 results

  • Part III - Reform

  • Wendy Wagner, Will Walker
  • Book:
    Incomprehensible!
    Published online:
    21 June 2019
    Print publication:
    11 July 2019, pp 245-270

  • Summary

    In a number of prominent legal programs, institutional design of the underlying processes allows speakers to shift the costs of processing their message to ill-equipped audiences. Such a design is unstable and leads to incomprehensible communications and failed legal goals. This final chapter discusses the social consequences of these institutional design problems and offers general recommendations for reform.

  • 8 - A Blueprint for Reform

  • from Part III - Reform
  • Wendy Wagner, Will Walker
  • Book:
    Incomprehensible!
    Published online:
    21 June 2019
    Print publication:
    11 July 2019, pp 247-270

  • Summary

    In a number of prominent legal programs, institutional design of the underlying processes allows speakers to shift the costs of processing their message to ill-equipped audiences. Such a design is unstable and leads to incomprehensible communications and failed legal goals. This final chapter discusses the social consequences of these institutional design problems and offers general recommendations for reform.

Incomprehensible!
  • A Study of How Our Legal System Encourages Incomprehensibility, Why It Matters, and What We Can Do About It
  • Wendy Wagner, Will Walker
  • Published online:
    21 June 2019
    Print publication:
    11 July 2019
  • The legal system is awash with excessive and incomprehensible information. Yet many of us assume that the unrelenting torrent of information pouring into various legal programs is both inevitable and unstoppable. We have become complacent; but it does not have to be this way. Incomprehensible! argues that surrendering to incomprehensibility is a bad mistake. Drawing together evidence from diverse fields such as consumer protection, financial regulation, patents, chemical control, and administrative and legislative processes, this book identifies a number of important legal programs that are built on the foundational assumption that 'more information is better'. Each of these legal processes have been designed in ways that ignore the imperative of meaningful communication. To rectify this systemic problem, the law must be re-designed to pay careful attention to the problem of incomprehensibility.