Construal-level
theory is a theory about decision and judgment that explains loss
aversion and teaches us how to avoid it in writing. Construal-level theory
deals with the biases the distinction between practice and theory introduces
into our thinking. When our objectives are immediate, the information available
rich, and time bountiful, we analyze in a way of thinking called near-mode,
which uses high-grain, concrete concepts and attends to incidental features.
When our objectives are long-term and the information or time scant, we analyze
in a way of thinking called far-mode, which uses low-grain, abstract
concepts and focuses on the essential.
Construal-level
theory furnishes an explanation of loss aversion and the endowment effect. (D.
Kahneman, supra.) Consider a standard
example of the endowment effect: a holder of concert tickets costing $50, the
most the concert-goer would have paid, refuses to sell for $300. More usually,
we value property about twice as much just because we happen to own it already.
Construal-level theory explains loss aversion by the tendency to give greater
importance to the near than the far. Analogously, we over-value what
we’ve written because it’s near, and
we’re loathe to part with it.
Construal-level
theory has unearthed another source of our reluctance to cut inferior matter:
the audience reads in far-mode, which is global, but legal writers
often compose it in near-mode, which is sequential. The
consequence is that the audience averages the quality of the documents’ parts,
whereas the writer is apt to add their quality, meaning that, for the audience, subpar arguments detract
from overall quality but, to the writer, they may seem to increase the quality.
(K. Weaver et al., The presenter's
paradox (Oct. 2012) 39 Journal of Consumer Research 445 [Hat Tip:
Overcoming Bias].)
Construal-level
theory provides insights to help writers overcome the biases implicated in
writing in near-mode for an audience reading in far-mode.
Writing systems involving different roles for the author, such as the roles of
writer and editor, serve to vary the author’s mode. Specifically for brief
writing, Bryan Garner has advanced a more elaborate system of roles, which are distinctively
near and far. (B. Garner, The winning
brief (1999) at p. 3) The chart below displays the Flowers roles, their typical activities, and the mode mainly
engaged.
Flowers-paradigm role
|
Typical activities
|
Mode from construal-level theory
|
Madman
|
Brainstorming, “Deep thought,” background research
|
Far
|
Architect
|
Outlining, planning, detailed research
|
Near
|
Carpenter
|
Primary writing
|
Far
|
Judge
|
Editing, proofreading
|
Near
|
Madman is far because it encourages intuition, a far-mode
product. (See G. Gigerenzer, Gut
feelings: The Intelligence of the unconscious (2008).) Architect is near-mode because it accentuates logical
relationships, which depend heavily on sequencing, a near-mode activity. Carpenter is far-mode because it attempts to
make ideas intelligible to others. Judge
is near-mode
because it involves close reading for error.
The alternation
of phases is powerfully effective in engaging both modes without causing the
mutual interference to which they are prone when combined simultaneously. It is
so effective that the modes can be seen to alternate within roles. Although Madman
is predominantly far-mode,
it includes periods of near-mode activity, such as close reading of
selected cases. Judge, although
mostly near-mode,
may include far-mode
phases, such as hearing the document read aloud. Carpenter and Architect
usually alternate more than once, because Carpenter excels at abstraction and Architect at sequencing.
Construal-level
theory offers far-mode
as the remedy for excess. Because of the relationship between the endowment
effect and near-mode,
cutting excess is performed most effectively in far-mode, and typical problems
in legal writing occur when lawyers compose their briefs in near-mode,
often because they write their briefs while they read cases closely. The result
is not only the absence of the big picture but also an accumulation of excess.
To avoid much of this excess, learn to write in far-mode, and master the research
in near-mode
in the Architect phase.
Some common
advice is misguided because it contributes to excess. Writers are often
instructed to be Madmen in the Carpenter role, but although both Madman and Carpenter are far-mode, Carpenter
provides the opportunity to pare down irrelevant matter generated in the Madman
phase, and the advice to suspend the critic when doing primary writing
sacrifices the main opportunity to trim excess. This shouldn’t be left to the Judge, as editing is a near-mode
activity, and among the errors the Judge
isn’t good at correcting is excess. The erroneous advice comes from seeing an
alternation between writer and critic rather than between near-mode and far-mode.
Both far-mode
phases are good for trimming excess, as the writer can take steps to stem
excess in the Madman role despite heeding the advice to suspend the
critic. Although this advice applies to Madman,
not to Carpenter, when applied to Madman it admits critical comments. To
take advantage of the Madman to
combat excess, treat critical ideas related to scope and breadth just as you
would any other ideas. If you’re brainstorming, if you think you’ve come up
with an idea of doubtful relevance, you should note that thought alongside the
idea itself. Having added exclusion as an idea, you will later be unable to
avoid discarding one idea or the other, the marginal thought itself and the
imperative to disregard it. Therefore, near-mode’s
reluctance to part with sentences will resist rejecting the idea to discard as
much as it resists rejecting the idea itself.