L’évaluation de la perte de chance en responsabilité médicale,une mission à repréciser pour l’Expert

Loss of opportunity, which today is considered as a prejudice in its own right, both for the French Supreme Court and the Council of State, remains undeniably difficult to assess in practice. For many years, the issue of compensation for breach of duty of disclosure gave the various courts the ability to roadtest this concept. However, although the criteria defining this concept, of judicial origin, have been established, the modus operandi allowing the judge to quantify it does not exist. How can this portion of personal injury be determined in relation to the size of the opportunity lost? This is primarily a technical issue, similar to that of assessing a disability rate. However, this request does not feature in typical common law missions for judicial or administrative medical expertise. The judge alone is left to assess this probability, whereas the expert would be in a position, as far as possible, to provide scientific and statistical assistance enabling a better definition of loss of opportunity.     

公平加工的情境依赖性:来自行为的证据

采用最后通牒博弈范式,考察利益水平及社会距离对个体公平加工的影响,探讨公平加工的情境依赖性。实验结果表明:(1)对分配提议的加工受到利益水平的调节,不利不公平条件下被试更加注重公平。(2)提议的不同水平影响被试的拒绝行为,提议越不公平,拒绝率越高。(3)虽然社会距离的主效应不显著,但在实际情境中,较近的社会距离下人们对公平的要求更严格,证实公平加工具有情境依赖性。     

社会距离与分配差距对儿童有利不公平厌恶的影响

选取60名8-10岁儿童,采用迫选式独裁者游戏,考察个体与博弈对象的社会距离以及分配差距对儿童有利不公平厌恶的影响。结果发现：（1）在有利不公平条件下,与博弈对象社会距离越近,儿童对不公平分配提议的拒绝率越高;（2）分配差距越大,儿童对不公平分配提议的拒绝率越高;（3）社会距离和分配差距交互作用显著,在中等分配差距条件下,儿童对不公平分配提议拒绝率的社会距离效应最为明显。结果表明,社会距离和分配差距对儿童有利不公平厌恶有显著影响,在中度分配差距下社会距离具有更加明显的调节作用。     

The role of negative features in joint and separate evaluation

Separate and joint evaluations differ in the manner in which attribute information is processed. We propose that negative attributes weigh more in separate compared to joint ratings. To assess the relative weights of positive and negative attributes, stimuli were employed containing mixed attribute valence, with good and poor attributes. In three experiments it was demonstrated empirically that, using such mixed valence options, the negative attributes indeed weighed more than the positive ones in separate compared to joint ratings. Direct evidence for the increased weight of negative attributes in separate ratings was provided by showing preference shifts between joint and separate ratings for options with mixed attribute valence. Copyright © 2004 John Wiley & Sons, Ltd.     

The Prospects for Prospect Theory: An Empirical Evaluation of International Relations Applications of Framing and Loss Aversion

International relations theorists have tried to adapt prospect theory to make it relevant to the study of real-world decision-making and testable beyond the constraints of the laboratory. Three experiments with undergraduate samples were conducted in an effort to clarify the advantages and limitations of prospect theory as adapted to explain political behavior. The first experiment tested hypotheses regarding the impact of prospect framing on group polarization, but these were only weakly supported. The second and third experiments examined alternative adaptations of the concept of framing; the results suggest that the political science expansion of the concept of framing may, under certain conditions, produce clear and robust preference reversals.     

行为决策中的忽略偏差：心理机制与影响因素

忽略偏差是指在由忽略所导致的损失与由行为所导致的同等的或者更少的损失之间, 个体更容易接受忽略所导致的损失。个体在日常行为决策的各种领域, 特别是在公共政策制定中均会出现忽略偏差。目前忽略偏差的心理机制主要有损失规避和标准理论两种。忽略偏差的影响因素主要包括保护性价值观、选择结果的信息知悉度、负性情绪、社会角色和文化价值观念等。未来的研究则需要从忽略偏差的产生根源, 与决策规避中其他偏差的关系, 群体决策中忽略偏差的影响以及忽略偏差的应用研究领域, 特别是公共管理与公共政策领域等方面进行深入的研究。     

Delay discounting of monetary gains and losses in adolescents with ADHD: Contribution of delay aversion to choice

Adolescents with attention-deficit/hyperactivity disorder (ADHD) are known to have stronger preferences for smaller immediate rewards over larger delayed rewards in delay discounting tasks than their peers, which has been argued to reflect delay aversion. Here, participants performed a delay discounting task with gains and losses. In this latter condition, participants were asked whether they were willing to wait in order to lose less money. Following the core assumption of the delay aversion model that individuals with ADHD have a general aversion to delay, one would predict adolescents with ADHD to avoid waiting in both conditions. Adolescents (12–17 years) with ADHD (n = 29) and controls (n = 28) made choices between smaller immediate and larger delayed gains, and between larger immediate and smaller delayed losses. All delays (5–25 s) and gains/losses (2–10 cents) were experienced. In addition to an area under the curve approach, a mixed-model analysis was conducted to disentangle the contributions of delay duration and immediate gain/delayed loss amount to choice. The ADHD group chose the immediate option more often than controls in the gain condition, but not in the loss condition. The contribution of delay duration to immediate choices was stronger for the ADHD group than the control group in the gain condition only. In addition, the ADHD group scored higher on self-reported delay aversion, and delay aversion was associated with delay sensitivity in the gain condition, but not in the loss condition. In sum, we found no clear evidence for a general aversion to delay in adolescents with ADHD.     

Depictions of acne and psoriasis influence interpersonal aversion

The presence of a dermatological condition may deter contact with the affected person because it falsely signals the threat of infection. The current study investigated interpersonal aversion towards individuals with the appearance of acne and psoriasis. Participants (N = 196) either viewed a female face with the appearance of acne, psoriasis, or no visible dermatological condition. Participants rated the attractiveness of the person, and indicated their willingness for social and indirect contact with them. The person depicted with acne was rated significantly less attractive than the person with psoriasis or no dermatological condition. Participants reported significantly less willingness for indirect contact with the person depicted with acne or psoriasis compared to the person with no visible dermatological condition. In contrast, participants expressed more willingness for social contact with a person with acne than with the person with psoriasis or no dermatological condition. Group differences were significant when controlling for attractiveness ratings. Unwarranted fear of infection might underpin avoidance and discriminatory behaviour towards those with skin conditions. Further research is required to understand factors that influence avoidance of contact.     

The Impact of Culture on Loss Aversion

Based on the literature on the relationship between culture, emotion, and loss aversion, we derive that culture can influence the degree of loss aversion. To test our hypotheses, we conduct a standardized survey in 53 countries worldwide that includes the questions from the Hofstede survey on cultural dimensions as well as lottery questions on loss aversion. The results show that individualism, power distance, and masculinity increase loss aversion as predicted, whereas the impact of uncertainty avoidance is less significant. Moreover, we also find a relation between the distribution of major religions in a country and loss aversion. In comparison, the connection of loss aversion to macroeconomic variables seems to be much smaller. Copyright © 2016 John Wiley & Sons, Ltd.     

Disgust as embodied loss aversion

A quickly expanding literature has examined the link between physical disgust and morality. This article critically integrates the existing evidence and draws the following conclusions: First, there is considerable evidence that experimentally induced disgust and cleanliness influence moral judgment, but moderating variables and attributional processes need to be considered. Second, moral considerations have substantial effects on behavioural concomitants of disgust, such as facial expressions, economic games and food consumption. Third, while disgust involves a conservation concern, it can manifest itself in both liberal and conservative political attitudes. Overall, disgust can be considered to form part of a behavioural loss aversion system aimed at protecting valuable resources, including the integrity of one’s body. Recommendations are offered to investigate the role of disgust more rigorously in order to fully capture its role in moral life.