Understanding Bias

Social media and digital delivery of media! These things have solved and also caused plenty of problems. Our timelines are a bottomless pit you can scroll endlessly down. As a result our attention spans have gotten significantly shorter. What you choose to watch and pay attention to is very important now. Due to this change in culture, it can come with a lot of bias. The variety of biases we hold can determine what you choose to pay attention to. What is bias?

Bias is a tendency, inclination, or prejudice toward or against something or someone. Some biases are positive and helpful—like choosing to only eat foods that are considered healthy, or staying away from someone who has knowingly caused harm. But biases are often based on stereotypes, rather than actual knowledge of an individual or circumstance. Now, this does not make the bias you hold a bad one. The thing about bias is that it comes in my forms. This can be as small as choosing chocolate milk over strawberry milk. Paid reviews and sponsorship are often brought up in the Youtube space. Simply because money can sway a persons opinion on a product or service.

Even people who are not deliberately prejudicial may have what’s known as implicit biases, or biases formed from lifelong societal input that escape conscious detection. Cognitive biases, which are  repeated patterns of thinking that lead to inaccurate or unreasonable conclusions. An example of this would be something known as confirmation bias. This refers to the brain’s tendency to search for and focus on information that supports what someone already believes, while ignoring facts that go against those beliefs, despite their relevance. This something that is common with people who may pre-order video games or movie tickets. It may help people make quicker decisions, but those decisions aren’t always accurate.

The most common examples of unfair bias are based on stereotypes about another person's race, ethnicity, gender, religion, or sexuality. This can have harmful real-world outcomes, and can also increase susceptibility to “stereotype threat,” the phenomenon in which people behave in certain ways to avoid confirming a common stereotype about their own particular group. A common form of explicit bias. Attitudes and beliefs we have about a person or group on a conscious level. Much of the time, these biases and their expression arise as the direct result of a perceived threat. When people feel threatened, they are more likely to draw group boundaries to distinguish themselves from others.

Which also can also lead to implicit bias. The attitudes or stereotypes that affect our understanding, actions, and decisions in an unconscious manner. These biases, which encompass both favorable and unfavorable assessments, are activated involuntarily and without an individual’s awareness or intentional control. Rather, implicit biases are not accessible through introspection. They are learned stereotypes that are automatic, unintentional, deeply ingrained within our beliefs, universal, and have the ability to affect our behavior. There are many types of unconscious bias - and, without realizing it, you're probably guilty of them already.

1. Affinity bias - the tendency to 'warm up' to people who are like yourself.

Affinity bias play out when you select somebody to work with you will tend to prefer someone like yourself. Rather it be a family member or just a best friend. Corporate hiring practices are set up to find people who are a “good fit” for the organization, people who will bring value to the team. These requirements cause us to look for candidates who are professionally skilled, and are also people we can relate to. Perhaps ultimately impacting the diversity and inclusion you were consciously hoping to achieve.

2. Halo effect - the tendency to think that everything about a person is good simply because you like them.

This is a type of cognitive bias in which our overall impression of a person influences how we feel and think about his or her character."He is nice!" impacts your evaluations of that person's specific traits. When you perceive a person as attractive, successful, and often likable, we also tend to see them as intelligent, kind, and funny. This is the halo effect in action.

3. Group think - the tendency to try too hard to fit into an existing culture, mimicking others and holding back thoughts or opinions, resulting in the loss of identity and lost creativity and innovation.

When a group of well-intentioned people make irrational or non-optimal decisions that are spurred by the urge to conform or the discouragement of dissent. This problematic or premature consensus may be fueled by a particular agenda or simply because group members value harmony and coherence above rational thinking. This is an example of a group think. In a group think situation, group members may refrain from expressing doubts and judgments or disagreeing with the consensus.

Paying attention to helpful biases while keeping negative, prejudicial, or accidental biases in check requires a delicate balance between self-protection and empathy for others.

A Lengthy Discussion on Movie Trailers

On September 22nd 2017 I made a post on Facebook that went a little something like this -

"Ok, as a person who enjoys movies I'am a bit worried about this trend that has been going on in the movie industry for quite some time. That is the idea of having scenes within the trailer that don't appear in the final product. This part of "trailer culture" is in many ways egregious and anti - consumer in the worst possible way. Not only is it misleading to the average consumer. It's also to the point where the trailer does not represent the film correctly. Which leads to incorrect or unreasonable expectations. Not to mention trust issues among consumers and the product. However, this is made worst by the action of promoting pre-orders and day one ticket sales off the back of it. That is a awful business practice."

Which got me to thinking, why does this happen? I do think it is still anti - consumer in the worst possible way. If for the simply fact that these scenes are inherently misleading and as a direct result a dishonest representation of the movie. Some trailers are so untrustworthy they include scenes that have been cut from the film itself. Or even worse, filmed just for the trailer. Most trailers are put together by companies that have no idea what is or is not going to get cut from the film, but this doesn't really help the poor bastard that only came to see the scene that didn't make it in. This may, however, be justified by the fact that the movie is still being edited as the trailers are released. Since the editing process may take months and sometimes only finish mere weeks before the theatrical release, it is rather common for the trailer scenes to either become a deleted Scene or be replaced by an alternate take in the final cut.

However, can't that be said for pretty much all trailers? Ultimately a trailer by definition is an excerpt or series of excerpts from a movie or program used to advertise it in advance. The thing about these excerpts, is that more often then not they are shown out of order. Not only that but, these excerpts are given very little context as to where they fall within the movie itself.

Since trailers are suppose to sell you on the movie in question. They are made as a piece of marketing material by the studio. As a result it is made to show you the best parts of the movie by design. While giving a vague or sometimes very direct idea as to what the story and plot is about. The trailer can also go so far and be so direct that in an attempt to sell you on the movie it will at times provide spoilers. With some people in the movie industry actually believing that spoiling these key plot points is good for business.

Matt Brubaker, president of one of Hollywood's top marketing agencies, Theatrical at Trailer Park Inc. Which is the agency that created the trailer for Southpaw. He has said that people have felt burned in the past. He went on to state that if people are going out on opening weekend to see this movie they went to know that their making a good investment. As much as people complain that trailers can give away to much. Nine times out of ten the more of the plot you give away, the more interest you garner from the audiences. Audiences respond to the trailer with more of the movie.

It is to be said the most people do stick to the safe. Things they are already familiar with and know it's good. Take for example the  Michael Bay Transformers movies. People will watch them because they already know what they are gonna get going in. In conclusion i will say that yes, trailers can be misleading. Which can result in audience disappointment.They should be taken for what they are. Marketing material! Not an accurate representation of the movie.

What I want from Romantic Media (One on One)

For as long as a can remember, scrolling thru genres of  entertainment was a rather interesting experience. The reason i say this, is because i would always go to either action, animation, or fantasy first. Romance was either rarely or never a selected genre of mines. Simply because of my somewhat cyclical view of romantic media. Man saves the girl. They go on an adventure. They fall in love in the end. Over and out. This is seen in a lot of Disney princess movies. The one that lands itself  within my cyclical view very clearly is the Disney movie Tangled.

This movie really screams every cyclical thought i have about the romance genre. It's everything i described in a nut shell. Yet their is a moment in the story that really made me marvel at it. It's the boat scene.

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The reason i like this scene so much is because, they tone down the comedy. Not only that! They focus more on the two characters that are falling for each other. With very little to distract you from it. Another example of this is the carpet ride from Aladdin.

In each case they do what i want a romance movie to do. Focus on the passion, emotion, and the affectionate involvement of the characters falling in love. It was only then I realized why so my romance movies miss the mark for me. They focus on everything else. The romance always seems to be the side plot. At worst it's done thru a series of awkward situations. One of the characters save the other from a falling object. One of them lands on top of the other one. Then the one on top lifts up just to stare at the one on the bottom. This to me isn't the way you sell romance.

Making the two characters falling in love the focus of the story is much more personal.Tell me the story of their dating, their courtship, their marriage, their hardships, their finances, their physical illness, various forms of discrimination, and psychological restraints. Make me believe their search for strong and pure love is coming true. To me, romance is suppose to be a personal story. Where everything you in do within said story either directly or indirectly effects the relationship of the two lovers.

You make them the focus. Everything else is the story elements or romantic arcs that keep them apart or drive them to be closer together. The One on One Connection is very important.

Negligence

What is Negligence?  It is a failure to exercise appropriate and or ethical ruled care expected to be exercised among specified circumstances. The area of tort law known as negligence involves harm caused by failing to act as a form of carelessness possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property.

Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. It may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages.

Elements of Negligence
In a negligence case, the plaintiff must show that each of the following five elements was present.

1. Duty of care

A legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law which the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed by operation of law between individuals who have no current direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law).

2. Breach of Duty

It's not enough for a plaintiff to prove that the defendant owed him or her or a duty; the plaintiff must also prove that the defendant breached his or duty to the plaintiff. A defendant breaches such a duty by failing to exercise reasonable care in fulfilling the duty. Unlike the question of whether a duty exists, the issue of whether a defendant breached a duty of care is decided by a jury as a question of fact.

3. Cause in Fact

Under the traditional rules in negligence cases, a plaintiff must prove that the defendant's actions were the actual cause of the plaintiff's injury. This is often referred to as "but-for" causation, meaning that, but for the defendant's actions, the plaintiff's injury would not have occurred.

4. Proximate Cause

Proximate cause relates to the scope of a defendant's responsibility in a negligence case. A defendant in a negligence case is only responsible for those harms that the defendant could have foreseen through his or her actions. If a defendant has caused damages that are outside of the scope of the risks that the defendant could have foreseen, then the plaintiff cannot prove that the defendant's actions were the proximate cause of the plaintiff's damages.

5. Damages

A plaintiff in a negligence case must prove a legally recognized harm, usually in the form of physical injury to a person or to property. It's not enough that the defendant failed to exercise reasonable care. The failure to exercise reasonable care must result in actual damages to a person to whom the defendant owed a duty of care.

The most common doctrine of negligence is:

Contributory

This is by far the most common form of negligence. Contributory negligence occurs when a plaintiff's conduct falls below a certain standard necessary for the plaintiff's protection, and this conduct cooperates with the defendant's negligence in causing harm to the plaintiff. In plain English, this means the plaintiff most likely would have avoided injuries had he or she not also been negligent.

Defenses to Claims of Negligence

To successfully defend against a negligence suit, the defendant will try to negate one of the elements of the plaintiff's cause of action. In other words, the defendant introduces evidence that he or she did not owe a duty to the plaintiff; exercised reasonable care; did not cause the plaintiff's damages; and so forth. In addition, a defendant may rely on one of a few doctrines that may eliminate or limit liability based on alleged negligence.

Classification of Laws - A General Overview

Imperative Law - A rule of action imposed upon mere by some authority which enforces obedience to it." In other words it is a command enforced by some superior power either physically or in any other form of compulsion.

Physical or Scientific Law - Typically conclusions based on repeated scientific experiments and observations over many years and which have become accepted universally within the scientific community. The production of a summary description of our environment in the form of such laws is a fundamental aim of science.

Natural or Moral Law - A philosophy asserting that certain rights are inherent by virtue of human nature, endowed by nature—traditionally by God or a transcendent source—and that these can be understood universally through human reason.

Conventional Law -A species of special law and has its source in the agreement of those who are subject to it. Agreement is a law for those who make it. For instance, articles of association of a company or partnership are conventional laws.

Customary law - The established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law".

International law - the set of rules generally regarded and accepted in relations between nations. It serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems in that it is primarily applicable to countries rather than to individual citizens. National law may become international law when treaties permit national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions may require national law to conform to respective parts.

Criminal law - Is concerned with offences against the state, i.e. crimes such as murder, housebreaking, theft. The more serious criminal cases are dealt with by a judge and jury; less serious offences (the overwhelming majority) are dealt with by magistrates. The two parties are the prosecution and the accused.

Civil law - is concerned with private litigation, e.g. breaches of contract, disputes concerning property. The complainant issues a statement of claim, setting out the facts he alleges against the defendant and asking for damages or other remedy.

Small Claims Court

Previously, I talked a little bit about corporations and their relationship with the law. Also, that the only way enforce any real punishment on them is to fine or sue the company. One of the ways i said you could this is thru small claims court. What is it? What purpose does it serve? Let's expand and talk about just that.

What is Small Claims Court? It is a local court in which claims for small sums of money can be heard and decided quickly and cheaply, without legal representation. This claim for money can be for any amount of money as long as it does not exceed the sum amount of 10,000 dollars. One of the defining factors of what cases are heard in small claims courts is the dollar amount of the damages sought. This can vary dramatically by state. For example it can be for as low as $2,500 in Kentucky and Rhode Island. One notable exception is Tennessee. Where the claim can go as high as 25,000 dollars. Typically, the amount varies between $5,000 and $10,000. As mentioned before, it is done without legal representation. Which means small claims court cases are conducted without a lawyer. Offering a legal avenue to quickly and easily resolve cases involving small amounts of money.

The purpose of small claims court is to provide an informal, uncomplicated proceeding to resolve small disputes that do not involve enough money to warrant the expense of formal litigation. As most people who appear in small claims court do not have a lawyer. This is because the  jurisdiction of small-claims courts typically encompasses private disputes. This collection of small debts forms a large portion of the cases brought to small-claims courts. As well as evictions and other disputes between landlords and tenants.

What type of case can be bought in small claims court? Well,Small claims court can only award money. It cannot, for example, order a mechanic to fix your car correctly. Similarly, the court cannot order your ex-husband to stop harassing you.The court can only award you the monetary damages. Any person who is over 18 years old can file a claim in small claims court. A corporation may appear in small claims court through an employee or officer, even if the person is not a lawyer. The exception being is that banks and other institutions cannot file a claim in small claims court.

Corporations and The Law (Part I)

It seems as if corporations these days can get away with anything these days. Everything from crunch periods and forced overtime. Some of which is unpaid over time. Having poor working conditions. All the way up to putting out what feels like unfinished or buggy products. Not to mention some of the marketing for some of these products feel misleading. As is the case with some movie trailers. One has to wonder just how much they can get away with. Is their any punishment for their actions? Well, i wanna talk about just that.

Firstly, what exactly is a corporation? According to Wikipedia a corporation is an organization, usually a group of people or a company, authorized to act as a single entity and is recognized as such in law. They often enjoy limited liability for their investors, which can lead to losses being externalized from investors to the government or general public, while losses to investors are generally limited to the amount of their investment. 

They are considered an artificial legal person – a ‘body corporate" - an independent entity with rights before the law similar to those of a human being. There is no distinction between a corporation and a real person in most aspects of company law. In criminal law, the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. 

This is a problem,because the company cannot be punished by imprisonment, community service orders, etc. Criminal case law has found that a company cannot be found guilty of crimes requiring intent (such as murder) since a company does not have a state of mind. They don't have independent will, and as such cannot attain knowledge or form an intention. The only possible punishment you can enforce is to fine or sue the company. Either in small claims court if your case is small. For larger cases you would  file a "class action" lawsuit. A lawsuit in which a group of people with the same or similar injuries caused by the same product or action sue the company as a group.