Obiter Dicta Issue 13 - March 23, 2015 | Page 2

EDITORIAL 2  Obiter Dicta Without Great Power Comes Little Responsibility It’s not our fault; saving the world from climate change just isn’t in our nature T her e’s nothing ter r ibly sexy or salacious to be found in talks of environmental degradation or resource depletion—and rest assured, you likely won’t be the life of the party as you enlighten your guests on the disastrous effects of oil spills, acid rain, and urban runoff. In fact, for many people, environmental issues take a back seat to other pressing matters such as picking up the kids from school on time, checking Twitter feeds, and clearing the lint trap in the dryer. A poll conducted by Abacus Data back in August 2014 found that only twenty-three per cent of Canadians listed the environment as one of their top three concerns, below health care (fifty-one per cent), job creation (thirty-four per cent), taxes (thirty-two per cent), debt/deficit (twenty-nine per cent), and accountability and trust (twenty-five per cent). When we consider all the media coverage and political attention that environmental issues have received, it might lead us to ask why people don’t appear to be more concerned about it. Why is the catastrophic impact of global warming met with the same concern as whether or not a dress is white and gold or blue and black? I would like to think that if Hollywood has taught us nothing else, it’s that when our planet faces the threat of annihilation—whether it be the result of hostile alien invaders or wayward meteors—its citizens immediately respond by rolling up their sleeves, pulling up their bootstraps, and taking action to the inspirational soundtrack of Aerosmith’s “I Don’t Want to Miss a Thing.” That is the sort of answer that pop culture and mainstream media have conditioned me to expect in situations where our society faces its own destruction. Yet, with equal parts surprise and confusion, instead I see the development of a culture which has come to easily justify meeting these issues with either intense skepticism or detachment from the situation altogether. Despite the fact that climate change no longer stands as a ‘theory’ and has in large majority been accepted by relevant experts as fact, skeptics persist on muddying the discourse with their fuzzy logic, and a pandemic form of apathy has left many paralyzed by inaction. I don’t believe that there is one single cause to explain this but rather it is the cumulative result of a number of factors that work against our human nature. Our irrational behaviour can readily be explained by the psychological shortcomings that continue to a. Osgoode Hall Law School, 0014g York University 4700 Keele Street Toronto, on  m3j 1p3 e. [email protected] w. obiter-dicta.ca t. @obiterdictaoz editorial board editor-in-chief | Karolina Wisniewski managing editor | Sam Michaels layout editor | Heather Pringle ê Photo credit: OccupyCorporation.org plague the human mind. There are a litany of cognitive biases that affect our ability to make rational decisions including ambiguity effect, confirmation bias, framing effect, and loss aversion. In situations where there is a deviation from the expected response, the result can often be one of these cognitive biases. According to Daniel Gilbert, a professor of psychology at Harvard, the human brain isn’t wired to respond easily to large, slow-moving threats. As he explains, “our brain is essentially a get-out-of-the-way machine. That’s why we can duck a baseball in milliseconds.” This line of reasoning might sound familiar to those of you who jumped on the Thinking, Fast and Slow bandwagon several years ago. The author, Daniel Kahneman, introduced readers to the two systems driving the way we think: system 1 (fast, intuitive, and emotional), and system 2 (slow, editorial staff business managers | Alvin Qian, Adam Cepler communications manager | Carla Marti copy editor | Subban Jama news editor | Mike Capitano opinions editor | Carla Marti arts & culture editor | Marie Park sports editor | Evan Ivkovic website editor | Asad Akhtar staff writers Kate Henley, Gleb Matushansky, Erin Garbett, Hannah de Jong, Kenneth Cheak Kwan Lam, Kendall Grant, Rob Hamilton, Esther Mendelsohn, Parmbir Singh Gill, deliberate, and logical). System 1 is our default; it’s automatic and takes little effort to use. It doesn’t seek to come up with the best solution, just one that’s good enough. As a result, it also gives rise to the majority of cognitive errors we experience. On the other hand, system 2 is better at methodically developing more rational solutions. However, Kahneman describes us as instinctively lazy thinkers, often preferring to rely on system 1’s ability to just quickly get the job done. What all of this suggests is that, not only do we find it difficult to perceive the long-term events of climate change as threats requiring our immediate attention, but in responding to these issues we also depend heavily on a system of thinking that is inherently susceptible to faulty reasoning. Michael Silver, Nabila Khan, Benjamin Hognestad, Justin Philpott, Liane Langstaff contributors Douglas Judson, Zach D’Onofrio, Amy Brubacher, Rachel McPherson-Duncan, Michael L, Ryan Robski Submissions for the April 6 issue are due at 5pm on March 27, and should be submitted to: [email protected] The Obiter Dicta is published biweekly during the school year, and is printed by Weller Publishing Co. Ltd. » see editorial, page 21 Obiter Dicta is the official student newspaper of Osgoode Hall Law School. The opinions expressed in the articles contained herein are not necessarily those of the Obiter staff. The Obiter reserves the right to refuse any submission that is judged to be libelous or defamatory, contains personal attacks, or is discriminatory on the basis of sex, race, religion, or sexual orientation. Submissions may be edited for length and/or content. “Beware of hard constructions and strained inferences, for there is no worse torture than that of laws.”  francis bacon