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Journal ArticleDOI

Libertarian paternalism is an oxymoron: an essay in defence of liberty

01 Jun 2011-European Journal of Law and Economics (Springer US)-Vol. 31, Iss: 3, pp 321-334
TL;DR: Sunstein and Thaler as discussed by the authors argued that paternalism is sometimes inevitable and non-coercive, and that individuals do not always make "rational" decisions, and the question of whether individuals make rational decisions as judged by the axiomatic definition of neo-classical economic theory is vestigial to the ideas and policy prescriptions of classical liberal and libertarian political economy.
Abstract: Sunstein and Thaler’s proposal for ‘libertarian paternalism’ in their paper titled “Libertarian Paternalism is not an Oxymoron” (LPNO from here on) is based on the contention that paternalism is sometimes (1) inevitable and (2) non coercive, and (3) that individuals do not always make ‘rational’ decisions. The first two contentions are untrue, and the question of whether individuals make ‘rational’ decisions as judged by the axiomatic definition of neo-classical economic theory is vestigial to the ideas and policy prescriptions of classical liberal and libertarian political economy. The paper, fraught with definitional confusions and methodological difficulties, is a superior example of how correct empirical observations and laudable advancements in identifying cognitive characteristics that may be relevant to economic analysis can lead to unsound theories due to methodological deficiencies. Policy prescriptions in the long run must take an institutional form; the greatest deception of the paper lies in its omission of any discussion on such an institution, which, I believe by logical necessity would be a Platonist autocratic bureaucracy. A consistent application of libertarian paternalism is the ‘road to serfdom’.
Citations
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Journal ArticleDOI
TL;DR: Nudging appears to be more adversely affected than boosting does, and the limits of the chosen evaluative dimension, policy–theory coherence, and some other benchmarks on which policy programs can be assessed are reviewed.
Abstract: If citizens' behavior threatens to harm others or seems not to be in their own interest (e.g., risking severe head injuries by riding a motorcycle without a helmet), it is not uncommon for governments to attempt to change that behavior. Governmental policy makers can apply established tools from the governmental toolbox to this end (e.g., laws, regulations, incentives, and disincentives). Alternatively, they can employ new tools that capitalize on the wealth of knowledge about human behavior and behavior change that has been accumulated in the behavioral sciences (e.g., psychology and economics). Two contrasting approaches to behavior change are nudge policies and boost policies. These policies rest on fundamentally different research programs on bounded rationality, namely, the heuristics and biases program and the simple heuristics program, respectively. This article examines the policy---theory coherence of each approach. To this end, it identifies the necessary assumptions underlying each policy and analyzes to what extent these assumptions are implied by the theoretical commitments of the respective research program. Two key results of this analysis are that the two policy approaches rest on diverging assumptions and that both suffer from disconnects with the respective theoretical program, but to different degrees: Nudging appears to be more adversely affected than boosting does. The article concludes with a discussion of the limits of the chosen evaluative dimension, policy---theory coherence, and reviews some other benchmarks on which policy programs can be assessed.

221 citations


Cites background from "Libertarian paternalism is an oxymo..."

  • ...Some critics have countered this argument by insisting that autonomy is never improved by violations of liberty, and that nudging clearly violates liberty (Mitchell 2005; Veetil 2011)....

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Journal ArticleDOI
TL;DR: In this paper, the authors argue that a widespread adoption of nudging can alter legal and political institutions and propose two ideal types: "law-as-normative" and "lawas-instrumental" that allow us to understand and evaluate the relation of nudges and the law.
Abstract: In this article we argue that a widespread adoption of nudging can alter legal and political institutions. Debates on nudges thus far have largely revolved around a set of philosophical theories that we call individualistic approaches. Our analysis concerns the ways in which adherents of nudging make use of the newest findings in the behavioral sciences for the purposes of policy-making. We emphasize the fact that most nudges proposed so far are not a part of the legal system and are also non-normative. We propose two ideal types: “law-as-normative” and “law-as-instrumental”, that allow us to understand and evaluate the relation of nudges and the law. We stress the importance of law as a safeguard for the possible negative consequences of nudges and conclude with proposals that could complement nudging policies.

39 citations

Proceedings Article
01 Jan 2019
TL;DR: This article provides a first ethical landscape for digital nudging in IS, based on its BE roots, and discusses the ethical considerations raised in BE in light of digital contexts.
Abstract: Nudging has become a well renowned concept in policymaking around the globe, supporting active behavior changes like higher retirement saving, healthier nutrition or saving natural resources. Stemming from the behavioral economics (BE), nudge-interventions aim at changing individuals’ behaviors without limiting their freedom of choice, exerting coercion or significantly changing economic incentives. As nudging still impairs individuals’ autonomy, the concept has evoked heated debates about its ethical acceptability. Recently, IS scholars have begun to recognize the potential of nudging in digital contexts leading to the notion of digital nudging. The importance of ethical considerations when designing and implementing nudge-interventions has been acknowledged, however, a detailed analysis of these concerns in digital environments is still missing. In this article, we summarize, transfer and discuss the ethical considerations raised in BE in light of digital contexts. Three important ethical considerations for digital nudges are discussed: (1) Preserving individuals’ freedom of choice / autonomy, (2) transparent disclosure of nudges and (3) individual (proself) and societal (pro-social) goal-oriented justification of nudging. As a result, we provide a first ethical landscape for digital nudging in IS, based on its BE roots. We conclude with a provision of several future research avenues.

28 citations


Additional excerpts

  • ...(Veetil, 2011)....

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Proceedings Article
01 Jan 2019
TL;DR: It is argued that a more thorough foundation and definition of digital nudging can render itself useful for integrating the extensive research on choice architectures and nudging present in BE and IS.
Abstract: Nudging has become a well-renowned concept in policy making throughout the previous decade. Based on insights from behavioral economics (BE) and psychology, nudges are defined as intentional and targeted interventions to modify the choice architecture and alter individuals’ behavior to a desired direction. As digital choice environments increasingly influence individuals’ lives, a discourse on digital nudging has begun within the information systems (IS) community. With a transdisciplinary bridge-building approach, we address the current state of digital nudging and argue that a more thorough foundation and definition of digital nudging can render itself useful for integrating the extensive research on choice architectures and nudging present in BE. In this article, we summarize, transfer and discuss the current state of digital nudging’s conceptualization in BE and IS. Furthermore, we propose an extended definition of digital nudging and introduce Blended Environments Framework as integrated views of analog and digital realms.

21 citations

Dissertation
01 Jan 2018
TL;DR: In this article, the authors investigate how farmers make decisions about crime prevention, and what factors influence those decisions, and how this compares to approaches the police are taking to tackle farm crime.
Abstract: Farms in England and Wales continue to have low levels of crime prevention measures in use despite the increasing threat, and what is used is often ineffective. As such, there is a clear need to employ different decision-making models in crime prevention advice for farmers. The principal aim of this research was to explore and better understand the thoughts, feelings, and attitudes of farmers towards crime, crime prevention, the police, and insurers. Moreover, an attempt to understand how farmers make decisions about crime prevention, what factors influence those decisions, and how this compares to approaches the police are taking to tackle farm crime. A mixed methods sequential explanatory model was used so that both quantitative and qualitative data could be fully examined separately, before being brought together to provide appropriate conclusions based on the combined results. Results show an impasse between how the police are tackling farm crime and prevention, and the needs of the farmers. This results in farmers believing the police treat them as second - class citizens, and so they do not engage with crime prevention despite knowing they should. Further, farmers do not report crimes to the police as they feel they will not get a response, and it is a waste of their time. This research concludes that there is much the police, insurers, and the media can do to better respond to farm crime. Moreover, this research is the first to identify key factors affecting farmer attitudes and beliefs towards farm crime, farm crime prevention, the police, and their insurers. It is argued that the findings of this research support the use of behavioural science to improve the uptake of appropriate and effective crime prevention on - farm in light of the relative failure of traditional policy.

14 citations

References
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Book
01 Jan 1962
TL;DR: The Structure of Scientific Revolutions as discussed by the authors is a seminal work in the history of science and philosophy of science, and it has been widely cited as a major source of inspiration for the present generation of scientists.
Abstract: A good book may have the power to change the way we see the world, but a great book actually becomes part of our daily consciousness, pervading our thinking to the point that we take it for granted, and we forget how provocative and challenging its ideas once were-and still are. "The Structure of Scientific Revolutions" is that kind of book. When it was first published in 1962, it was a landmark event in the history and philosophy of science. And fifty years later, it still has many lessons to teach. With "The Structure of Scientific Revolutions", Kuhn challenged long-standing linear notions of scientific progress, arguing that transformative ideas don't arise from the day-to-day, gradual process of experimentation and data accumulation, but that revolutions in science, those breakthrough moments that disrupt accepted thinking and offer unanticipated ideas, occur outside of "normal science," as he called it. Though Kuhn was writing when physics ruled the sciences, his ideas on how scientific revolutions bring order to the anomalies that amass over time in research experiments are still instructive in our biotech age. This new edition of Kuhn's essential work in the history of science includes an insightful introductory essay by Ian Hacking that clarifies terms popularized by Kuhn, including paradigm and incommensurability, and applies Kuhn's ideas to the science of today. Usefully keyed to the separate sections of the book, Hacking's essay provides important background information as well as a contemporary context. Newly designed, with an expanded index, this edition will be eagerly welcomed by the next generation of readers seeking to understand the history of our perspectives on science.

36,808 citations


"Libertarian paternalism is an oxymo..." refers background or methods in this paper

  • ...... is not selected by common deliberation, by people seeking a solution to their problem in a joint effort; it is a product of individuals imitating those who have been more successful and from their being guided by signs or symbols, such as process offered for their products or expressions of moral or aesthetic esteem for having their observed standards of conduct - in short, of their using the results of the experiences of other ( Hayek, 1979, ......

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  • ...incorrect as there exists no one-to-one relation between ‘goods’ and ‘states of mind’ or ‘phenomenal order’ (a term used by Hayek (1952 ) i nSensory Order)....

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Book
01 Jan 1934
TL;DR: The Open Society and Its Enemies as discussed by the authors is regarded as one of Popper's most enduring books and contains insights and arguments that demand to be read to this day, as well as many of the ideas in the book.
Abstract: Described by the philosopher A.J. Ayer as a work of 'great originality and power', this book revolutionized contemporary thinking on science and knowledge. Ideas such as the now legendary doctrine of 'falsificationism' electrified the scientific community, influencing even working scientists, as well as post-war philosophy. This astonishing work ranks alongside The Open Society and Its Enemies as one of Popper's most enduring books and contains insights and arguments that demand to be read to this day.

7,904 citations

Journal ArticleDOI

4,047 citations

Book
01 Jan 1960
TL;DR: Hayek's "The Constitution of Liberty" as discussed by the authors is a thorough exposition of a social philosophy which ranges from ethics and anthropology through jurisprudence and the history of ideas to the economics of the modern welfare state.
Abstract: In this classic work Hayek restates the ideals of freedom that he believes have guided, and must continue to guide, the growth of Western civilization. Hayek's book, first published in 1960, urges us to clarify our beliefs in today's struggle of political ideologies. "The Constitution of Liberty" is a thorough exposition of a social philosophy which ranges from ethics and anthropology through jurisprudence and the history of ideas to the economics of the modern welfare state. First, the author analyzes the ethical foundations of a free society in which liberty is not merely a value but the very source and condition of all moral values. Next, he examines the institutions that Western societies have developed to secure individual liberty. In the final section, the author discusses the relations between a free-enterprise system and a socialist one, givng a full account of the goals and methods of the present-day welfare state. Hayek ultimately tests the principles of freedom by applying them to contemporary economic and social issues.

2,816 citations