The statement everyone wants to live a fulfilled and happy life may seem simple, self-evident, and even trivial at first glance. However, upon closer philosophical analysis, can we unequivocally assert that people are truly focused on well-being? Assuming they are, the question becomes: what guidelines should be followed and how should one behave in order to achieve true well-being and attain their goals? One popular viewpoint is that cultivating moral virtues and personal qualities is essential for a life of "true" (...) well-being, rather than mere pleasure. This perspective is not particularly original, as it was advocated quite clearly by Aristotle. However, we must ask: what guarantees that virtue will lead to well-being? Can we really ignore the common-sense doubt that virtue (and moral life), as Kant points out, may not be rewarded with any form of well-being or "happiness" in the broadest sense during our earthly existence? How might we address this doubt? If questions about the relationship between happiness and virtue have been asked since ancient times, why don't we have definitive answers yet? Perhaps there is something wrong with the questions themselves, as is often the case in philosophy. Views on this relationship have influenced the modification of theories that philosophers have put forth in order to provide satisfactory answers. One such theory is the renewed and modernized ethics of virtue, which places the greatest emphasis on building an individual's moral character, assuming that Aristotelian character virtues such as courage, honesty, generosity, prudence, self-control, and compassion will enable us to lead a happy and fulfilling life. "Virtues" refer to a wide range of "excellences" or activities that individuals can use to perfect themselves. For example, an ordinary person might accept that courage can make their life more fulfilling, but it's important to recognize that virtues cannot be acquired overnight. Furthermore, many people believe that virtues are innate qualities that one either possesses or lacks. In contrast, ethics of virtue provides guidance and instructions for developing virtues over extended periods of time, as well as for continuously "practicing" the development of moral characteristics that will make us better individuals. The central and most significant concept in ethics of virtue is the golden mean, which can be interpreted in various ways. Essentially, ethics of virtue offers a path to a life filled with pleasure, harmony, and virtuous action. However, this collection of essays, Virtues and Vices: Between Ethics and Epistemology, is not exclusively concerned with virtues or ethics. Knowledge, as well as the processes of belief formation and justification of those beliefs, are also essential to ethics of virtue. Going back to the systematic Greek philosopher and his teacher, we can emphasize that virtues and knowledge are inseparable. Without the epistemology of virtues, even a thematic collection like this one would be incomplete. The Epistemology of Virtue is a relatively new branch of philosophy that has emerged as a response to questions about the value-neutrality of science. For a long time, the separation of values and scientific inquiry has been viewed as the correct methodological approach. However, it is clear that every scientist is also a human being with their own virtues and flaws. It is naive to assume that a scientist can leave their values and moral qualities outside the laboratory and treat their colleagues in the team differently than they would treat other people in their everyday life. Taking this into account, we can notice that Epistemology of Virtue is a theory that examines the influence of virtues on the processes of acquiring knowledge. Epistemic virtues refer to qualities that enable individuals to acquire knowledge and make reliable judgments. These virtues include traits such as openness to diverse testimonies and arguments, critical thinking, a tendency to question one's own assumptions, and the ability to identify errors in one's own thought processes. Just like in virtue ethics, the Epistemology of Virtue raises the question of how we can cultivate the necessary virtues and how these virtues can have a positive impact on both individuals and society. The field also explores how epistemic virtues can be put into practice, such as in educational settings, scientific research, and various social activities. Finally, we turn to a topic that is often overlooked in philosophy - human flaws. While ethics typically views flaws as the opposite of virtues, requiring correction both individually and socially, the Epistemology of Virtue questions what happens when flaws occur in knowledge-related qualities. Do these flaws also need to be eliminated, or are they an inherent part of the process of acquiring knowledge and making judgments? At first glance, prejudices, stereotypes, dogmatism, conformism, closed-mindedness towards arguments and evidence, as well as uncritical acceptance of authority, can all hinder our ability to acquire knowledge. Epistemologists view these qualities as vices, rather than flaws like ethicists do. The Epistemology of Vices is the newest of the three branches of philosophy covered in this thematic collection, and it examines the ways in which false and untrue beliefs develop and persist in society. This area of study seeks to answer questions about how people form delusions and whether it is possible to overcome them. On the other hand, the Epistemology of Virtue is like the "older brother" that supervises these vices. It contributes to the investigation and overcoming of vices by developing virtues that enable individuals to more accurately assess the truthfulness of their beliefs. However, even though vices can have a destructive impact on knowledge acquisition, the question remains: are vices always detrimental in every context? Conversely, can virtues be detrimental? For example, does a virtue like solidarity sometimes hinder the efficient formation of true beliefs in time-sensitive situations such as finding a vaccine to combat a virus pandemic? Can vices be useful? Can stubbornness and uncooperativeness sometimes help a research team by allowing two sides to reach the same goal through different paths? Within this collection, some of these questions will receive answers, some of which may confirm existing impressions, while others may surprise readers. The thematic collection, Virtues and Vices: Between Ethics and Epistemology, consists of four interesting chapters and 21 papers that cover the selected topic through the prism of philosophical disciplines such as ethics, epistemology, the history of philosophy, philosophy of mind, political philosophy, and philosophy of science. In this introduction, we will not discuss the contents of the articles so as not to disrupt the intended integral approach to reading the collection. A significant feature of this collection is the continuity that extends from one paper to another, from topic to topic, and from problem to problem. Lastly, we would like to express our gratitude to the Faculty of Philosophy at the University of Belgrade for their support in realizing this collection, as well as to our colleagues from the Department and Institute of Philosophy who have made this collection a relevant and significant achievement with their contributions. We are also thankful to the reviewers of the collection as a whole, as well as to the referees of individual articles, who have provided us with detailed comments and remarks that have made this collection clearer and more comprehensive. We owe a special thanks to our colleagues from Zagreb, Rijeka, and Maribor, whose exceptional papers have contributed to making this collection an unabashed international contribution to debates about the ethics and epistemology of virtues and vices. (shrink)

COVID-19 vaccine refusal seems like a paradigm case of irrationality. Vaccines are supposed to be the best way to get us out of the COVID-19 pandemic. And yet many people believe that they should not be vaccinated even though they are dissatisfied with the current situation. In this paper, we analyze COVID-19 vaccine refusal with the tools of contemporary philosophical theories of responsibility and rationality. The main outcome of this analysis is that many vaccine-refusers are responsible for the belief that (...) they should not be vaccinated and epistemically rational in holding it. This is an important result because it provides insights into the legitimacy of certain public health policies. In particular, this result shows that a public health policy that would abandon the project of convincing certain vaccine-refusers with reasons – e.g., by simply making vaccination compulsory – is prima facie illegitimate. (shrink)

Are we being manipulated online? If so, is being manipulated by online technologies and algorithmic systems notably different from human forms of manipulation? And what is under threat exactly when people are manipulated online? This volume provides philosophical and conceptual depth to debates in digital ethics about online manipulation. The contributions explore the ramifications of our increasingly consequential interactions with online technologies such as online recommender systems, social media, user-friendly design, micro-targeting, default-settings, gamification, and real-time profiling. The authors in this (...) volume address four broad and interconnected themes: • What is the conceptual nature of online manipulation? And how, methodologically, should the concept be defined? • Does online manipulation threaten autonomy, freedom, and meaning in life, and if so, how? • What are the epistemic, affective, and political harms and risks associated with online manipulation? • What are legal and regulatory perspectives on online manipulation? The Philosophy of Online Manipulation brings these various considerations together to offer philosophically robust answers to critical questions concerning our online interactions with one another and with autonomous systems. It will be of interest to researchers and advanced students working in moral philosophy, digital ethics, philosophy of technology, and the ethics of manipulation. (shrink)

Andreas Schmidt and Neil Levy have recently defended nudging against the objection that nudges fail to treat nudgees as rational agents. Schmidt rejects two theses that have been taken to support the objection: that nudges harness irrational processes in the nudgee, and that they subvert the nudgee’s rationality. Levy rejects a third thesis that may support the objection: that nudges fail to give reasons. I argue that these defences can be extrapolated from nudges to some nonconsensual neurointerventions; if Schmidt’s and (...) Levy’s defences succeed, then some nonconsensual neurointerventions neither harness irrationality, nor subvert rationality, nor fail to give reasons. This, I claim, poses a challenge both to opponents of nonconsensual neurointerventions, and to defenders of nudging. (shrink)

Andreas Schmidt and Neil Levy have recently defended nudging against the objection that nudges fail to treat nudgees as rational agents. Schmidt rejects two theses that have been taken to support the objection: that nudges harness irrational processes in the nudgee, and that they subvert the nudgee’s rationality. Levy rejects a third thesis that may support the objection: that nudges fail to give reasons. I argue that these defences can be extrapolated from nudges to some nonconsensual neurointerventions; if Schmidt’s and (...) Levy’s defences succeed, then some nonconsensual neurointerventions neither harness irrationality, nor subvert rationality, nor fail to give reasons. This, I claim, poses a challenge both to opponents of nonconsensual neurointerventions, and to defenders of nudging. (shrink)

In this chapter, we provide an overview of the ethical considerations relevant to the use of nudges in organ donation policy. We do not defend a position on the permissibility of nudging in this context, but instead aim to clearly outline the strongest arguments on the different sides of this issue that have been presented in the English-language scholarly bioethics literature. We also highlight the questions that are in need of further investigation. In part 1, we briefly discuss nudging before (...) considering proposals to use nudges to increase the number of registered organ donors, including opt-out donor registration systems and the use of “nudge statements.” In part 2, we discuss the use of nudges to influence the decision-making of family members in circumstances where they have a veto over the donation of their loved one’s organs. (shrink)

As the use of nudges by governmental agencies becomes more common, the need for normative guidelines regarding the processes by which decisions about the implementation of specific nudges are taken becomes more acute. In order to find a justified set of such guidelines one must meet several theoretical challenges to Libertarian Paternalism that arise at the foundational level. In this paper, I identify three central challenges to Libertarian Paternalism, and suggest that Susan Hurley's political philosophy as presented in her Natural (...) Reasons (1989) can be viewed as offering powerful responses to them. (shrink)

Food and beverage firms are frequently criticised for their impact on the spread of non-communicable diseases like obesity and diabetes type 2. In this article we explore under what conditions the sales and marketing of unhealthy food and beverage products is irresponsible. Starting from the notion of ordinary morality we argue that firms have a duty to respect people’s autonomy and adhere to the principle of non-maleficence in both market and non-market environments. We show how these considerations are relevant when (...) thinking about immoral behaviour in the food and beverage industry, and identify under what conditions sales and marketing of unhealthy foods and beverages to adults and children is wrong. Based on this analysis we argue that firms should take into account: whether consumers are able to identify manipulative marketing, the degree of manipulation, as well as the negative impact a product has on health. We hold that for the food industry to act responsible it should re-evaluate the marketing of unhealthy products to adults and refrain from marketing to children. We conclude this study by making several recommendations on how the food industry should interact with consumers and highlight what changes need to be made in corporate practice. (shrink)

Can Artificial Intelligence be more effective than human instruction for the moral enhancement of people? The author argues that it only would be if the use of this technology were aimed at increasing the individual's capacity to reflectively decide for themselves, rather than at directly influencing behaviour. To support this, it is shown how a disregard for personal autonomy, in particular, invalidates the main proposals for applying new technologies, both biomedical and AI-based, to moral enhancement. As an alternative to these (...) proposals, this article proposes a virtual assistant that, through dialogue, neutrality and virtual reality technologies, can teach users to make better moral decisions on their own. The author concludes that, as long as certain precautions are taken in its design, such an assistant could do this better than a human instructor adopting the same educational methodology. (shrink)

The permissibility of nudging in public policy is often assessed in terms of the conditions of transparency, rationality, and easy resistibility. This debate has produced important resources for any ethical inquiry into nudging, but it has also failed to focus sufficiently on a different yet very important question, namely: when do nudges undermine a patient’s voluntary consent to a medical procedure? In this paper, I take on this further question and, more precisely, I ask to which extent the three conditions (...) of transparency, rationality, and easy resistibility can be applied to the assessment of voluntary consent too. After presenting two examples, designed to put pressure on these three conditions, I show that, suitably modified, the three conditions can remain significant in the assessment of voluntary consent as well. However, the needed modifications are very substantial and result in a rather complicated view. To propose a tidier solution, I argue that nudging undermines voluntary consent if and only if it cannot be ‘interpersonally justified’ to the patient. I use the three modified conditions to motivate the idea of interpersonal justification and also to further specify the principles it involves. My resulting view is especially attractive because it builds on already existing insights from the debate on nudging, updates those insights with an eye to medical consent, and finally unites them in an elegant and simple framework. (shrink)

In this article, we apply the literature on the ethics of choice-architecture (nudges) to the realm of virtual reality (VR) to point out ethical problems with using VR for empathy-based nudging. Specifically, we argue that VR simulations aiming to enhance empathic understanding of others via perspective-taking will almost always be unethical to develop or deploy. We argue that VR-based empathy enhancement not only faces traditional ethical concerns about nudge (autonomy, welfare, transparency), but also a variant of the semantic variance problem (...) that arises for intersectional perspective-taking. VR empathy simulations deceive and manipulate their users about their experiences. Despite their often laudable goals, such simulations confront significant ethical challenges. In light of these goals and challenges, we conclude by proposing that VR designers shift from designing simulations aimed at producing empathic perspective-taking to designing simulations aimed at generating sympathy. These simulations, we claim, can avoid the most serious ethical issues associated with VR nudges, semantic variance, and intersectionality. (shrink)

An effective method to increase the number of potential cadaveric organ donors is to make people donors by default with the option to opt out. This non-coercive public policy tool to influence people’s choices is often justified on the basis of the as-judged-by-themselves principle: people are nudged into choosing what they themselves truly want. We review three often hypothesized reasons for why defaults work and argue that the as-judged-by-themselves principle may hold only in two of these cases. We specify further (...) conditions for when the principle can hold in these cases and show that whether those conditions are met is often unclear. We recommend ways to expand nationwide surveys to identify the actual reasons for why defaults work and discuss mandated choice policy as a viable solution to many arising conundrums. (shrink)

It is generally accepted that sight—the capacity to see or to have visual experiences—has the power to give us knowledge about things in the environment and some of their properties in a distinctive way. Seeing the goose on the lake puts me in a position to know that it is there and that it has certain properties. And it does this by, when all goes well, presenting us with these features of the goose. One might even think that it is (...) part of what it is to be a perceptual capacity that it has this kind of epistemological power, such that a capacity that lacked this power could not be perceptual. My focus in this essay is the sense of taste—the capacity to taste things or to have taste experiences. It has sometimes been suggested that taste lacks sight-like epistemological power. I argue that taste has epistemological power of the same kind as does sight, but that as a matter of contingent fact, that power often goes unexercised in our contemporary environment. We can know about things by tasting them in the same kind of way as we can know about things by seeing them, but we often do not. I then consider the significance of this conclusion. I suggest that in one way, it matters little, because our primary interest in taste is not epistemic but aesthetic. But, I end by suggesting, it can matter ethically. (shrink)

Nudging is the idea that people’s decisions should be influenced in predictable, non-coercive ways by making changes to the way that options are presented to them. Central to the debate about nudging is the question of whether it is morally permissible to intentionally nudge others. Libertarian paternalists maintain that this can be the case. In this paper, I present the libertarian paternalistic criteria for the moral permissibility of intentional nudges. Having done this, I motivate two objections. The first one targets (...) the moral permissibility of nudging in general. The second one targets the moral permissibility of only a subset of nudges. After evaluating both of these objections, I conclude that although they are unsuccessful, the evaluation of The Manipulation Objection shows that the libertarian paternalistic criteria for the moral permissibility of intentional nudges fails. I end by suggesting a possible revision to the criteria that avoids the problem, considering its limitations, and providing examples of its applications. (shrink)

Nudging is the idea that people’s decisions and behaviors can be influenced in predictable, non-coercive ways by making small changes to the choice architecture. In this paper, I differentiate between type-1 nudges and type-2 nudges according to the thinking processes involved in each. With this distinction in hand, I present the libertarian paternalistic criteria for the moral permissibility of intentional nudges. Having done this, I motivate an objection to type-1 nudges. According to this objection, type-1 nudges do not appear to (...) be relevantly different than standard cases of manipulation, and manipulation is morally problematic. While I show that this objection fails, I argue that its evaluation raises a different challenge for Libertarian Paternalism. The libertarian paternalistic criteria fails because it ignores the moral distinction that exists between different kinds of nudges. That is, the distinction between what I call ‘counteractive’ and ‘non-counteractive’ nudges. I end by suggesting a revision of the criteria that avoids the problem. (shrink)

The title of the article in the initial online publication was mixed up with copy editing information. The original article has been corrected.

Given the endowment effect, the role of attention in decision-making, and the framing effect, most behavioral economists agree that it would be a mistake to accept the satisfaction of revealed preferences as the normative criterion of choice. Some have suggested that what makes agents better off is not the satisfaction of revealed preferences, but ‘true’ preferences, which may not always be observed through choice. While such preferences may appear to be an improvement over revealed preferences, some philosophers of economics have (...) argued that they face insurmountable epistemological, normative, and methodological challenges. This article introduces a new kind of true preference – values-based preferences – that blunts these challenges. Agents express values-based preferences when they choose in a manner that is compatible with a consumption plan grounded in a value commitment that is normative, affective, and stable for the agent who has one. Agents who choose according to their plans are resolute choosers. My claim is that while values-based preferences do not apply to every choice situation, this kind of preference provides a rigorous way for thinking about classic choice situations that have long interested behavioral economists and philosophers of economics, such as ‘Joe-in-the-cafeteria.’. (shrink)

Nudging is a tool of libertarian paternalism. It involves making use of certain psychological tendencies in order to help people make better decisions without restricting their freedom. However, some have argued that nudging is objectionable because it interferes with, or undermines, the rational decision-making of the nudged agents. Opinions differ on why this is objectionable, but the underlying concerns appear to begin with nudging’s threat to rational decision-making. Those who discuss this issue do not make it clear to what this (...) threat to rationality amounts. In this paper I evaluate what effect nudging has on our decision-making and I argue that it does not typically interfere with our rationality in a problematic way. Perhaps nudging is objectionable for other reasons, but we should not argue that nudging is objectionable based on concerns about rational decision-making. (shrink)

As behavioural economics reveals, human decision-making deviates from neoclassical assumptions about human behaviour and people (often) fail to make the ‘right’ welfare-enhancing choice. The purpose of Sunstein and Thaler’s concept of ‘nudge’ is to improve individual welfare. To provide normative justification, they argue that the only relevant normative criterion is whether the individual is ‘better off as judged by themselves’, so that the direction in which people are to be nudged is defined by their own preferences. In light of behavioural (...) findings, however, people’s choices do not provide a sound basis for eliciting preferences and thus for assessing welfare. In this paper, I aim to challenge Sunstein and Thaler’s normative view, arguing that it is unreasonable to rely on conventional welfare economics, particularly considering the given context. Sunstein and Thaler depend on an approach of ‘preference purification’ which assumes informed, latent, and true preferences: As a result they face crucial methodological, epistemological, and practical objections, and cannot show how their approach enhances individual welfare. By building on the concepts of R. Sugden and C. Schubert, I develop an alternative normative framework for behavioural public policy, based on a contractualist perspective in which people may consent to collective choice rules in order to align future behaviour with values, to achieve particular goals or to preserve personal integrity. Individual consent and citizens’ participation and deliberation are crucial to this approach. This contractualist approach may provide a normative justification for behavioural public policy, and help to reconcile behavioural and normative economics. (shrink)

Nudge is a concept of policy intervention that originates in Thaler and Sunstein's (2008) popular eponymous book. Following their own hints, we distinguish three properties of nudge interventions: they redirect individual choices by only slightly altering choice conditions (here nudge 1), they use rationality failures instrumentally (here nudge 2), and they alleviate the unfavourable effects of these failures (here nudge 3). We explore each property in semantic detail and show that no entailment relation holds between them. This calls into question (...) the theoretical unity of nudge, as intended by Thaler and Sunstein and most followers. We eventually recommend pursuing each property separately, both in policy research and at the foundational level. We particularly emphasize the need of reconsidering the respective roles of decision theory and behavioural economics to delineate nudge 2 correctly. The paper differs from most of the literature in focusing on the definitional rather than the normative problems of nudge. (shrink)

Much disease and disability is the result of lifestyle behaviours. For example, the contribution of imprudence in the form of smoking, poor diet, sedentary lifestyle, and drug and alcohol abuse to ill-health is now well established. More importantly, some of the greatest challenges facing humanity as a whole – climate change, terrorism, global poverty, depletion of resources, abuse of children, overpopulation – are the result of human behaviour. In this chapter, we will explore the possibility of using advances in the (...) cognitive sciences to develop strategies to intentionally manipulate human motivation and behaviour. While our arguments apply also to improving prudential motivation and behaviour in relation to health, we will focus on the more controversial instance: the deliberate targeted use of biomedicine to improve moral motivation and behaviour. We do this because the challenge of improving human morality is arguably the most important issue facing humankind (Persson and Savulescu, forthcoming). We will ask whether using the knowledge from the biological and cognitive sciences to influence motivation and behaviour erodes autonomy and, if so, whether this makes it wrong. (shrink)

ABSTRACT“Evidence-based” methods, which most prominently include randomized controlled trials, have gained increasing purchase as the “gold standard” for assessing the effect of public policies. But the enthusiasm for evidence-based research overlooks questions about the reliability and applicability of experimental findings to diverse real-world settings. Perhaps surprisingly, a qualitative study of British educators suggests that they are aware of these limitations and therefore take evidence-based findings with a much larger grain of salt than do policy makers. Their experience suggests that the (...) real world is more heterogeneous than the world imagined by evidence-based policy enthusiasts. (shrink)

Is implementing the beneficent nudge program morally permissible in worlds like ours? I argue that there is reason for serious doubt. I acknowledge that beneficent nudging is highly various, that nudges are in some circumstances morally permissible and even called for, and that nudges may exhibit respect for genuine autonomy. Nonetheless, given the risk of epistemic injustice that nudges typically pose, neither the moral permissibility of beneficent nudging in the abstract, nor its case-by-case vindication, appears sufficient to justify implementing a (...) nudge program in worlds like ours. Drawing on Miranda Fricker’s account of epistemic injustice, I argue that the cogent defense of any nudge program, relative to worlds like ours, stands in need of serious attention to its potential for fostering or sustaining epistemic injustice. A more specific point hinges on recognizing a form of epistemic injustice not enough attended to in the literature to date, which I call reflective incapacitational injustice. This includes relative disadvantages in the attaining of the capacity to engage in critical reason, such as the capacity to go in for potentially critical reasoned deliberation and discursive exchange concerning ends. Since Cass Sunstein’s First Law of behaviorally informed regulation would be taken, in worlds like ours, to justify indeterminately many nudges leading to such epistemic injustice we have general grounds for doubting the moral permissibility of this nudge program. We should hence oppose the implementation of any such program until it is shown not to violate the demands of epistemic justice. (shrink)

This paper discusses the validity of nudges to tackle time-inconsistent behaviours. I show that libertarian paternalism is grounded on a peculiar model of personal identity, and that the argument according to which nudges may improve one’s self-assessed well-being can be seriously questioned. I show that time inconsistencies do not necessarily reveal that the decision maker is irrational: they can also be the result of discounting over the degree of psychological connectedness between our successive selves rather than over time. Time inconsistency (...) can call for paternalism if and only if we accept that an individual is characterised by stable “true” preferences over time-dependent outcomes, and that she is rationally required to make time-consistent choices. This model is descriptively and normatively questionable. I then argue that behavioural findings may still justify paternalistic interventions, but on a non-welfarist basis. (shrink)

If citizens’ behavior threatens to harm others or seems not to be in their own interest, 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. 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. 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. (shrink)

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. (shrink)

To nudge is to design choice contexts in order to improve choice outcomes. Richard Thaler and Cass Sunstein emphatically endorse nudging but reject more restrictive means. In contrast, I argue that the behavioral psychology that motivates nudging also motivates what may be called jolting — i.e. the design of choice content. I defend nudging and jolting by distinguishing them from the sometimes oppressive means with which they can be implemented, by responding to some common arguments against nudging, and by showing (...) how respect for preferences over option sets and their aggregate properties may require the trimming of option sets, as well as helpful choice contexts. (shrink)

This chapter concerns the normativity of the concepts of paternalism and libertarian paternalism. The first concept is central in evaluating public health policy, but its meaning is controversial. The second concept is equally controversial and has received much attention recently. It may or may not shape the future evaluation of public health policy. In order to facilitate honest and fruitful debate, I consider three approaches to these concepts, in terms of their normativity. Concepts, I claim, may be considered nonnormative, normatively (...) charged, or normative in that they involve more complex relationships between values or duties. While the last approach is often best, other approaches may be appropriate depending on the context and purpose of discussion. The chapter’s conceptual investigation is illustrated by application to two public health policies: a tax on the consumption of fat and the encouragement of health-promoting food displays in restaurants and supermarkets. (shrink)

This paper critically explores the ethical dimensions of Behavioral Public Policy (BPP), a domain grounded in the understanding that human rationality is bounded and that this limitation often leads to behaviors deemed irrational. By applying the behavioral lens, which posits that people operate under bounded rationality, BPP aims to craft interventions that safeguard individuals against their biases. However, this approach raises significant ethical concerns, both in the scientific underpinnings of BPP and its application through policy interventions. Accordingly, this paper examines (...) two distinct ethical dimensions of BPP, both as a scientific discipline and through its intervention methodologies. The analysis of the first dimension argues that, viewing bounded rationality as only instrumental in decision-making processes, risks oversimplifying ethical complexities. Such simplification may ignore the moral and value-based rationalities underlying decisions, potentially misattributing instances of immorality and akrasia (the failure to act according to one's judgment) to mere deficiencies in rational thinking. Secondly, the paper examines the impact of BPP on moral behavior and character development, addressing ethical concerns like the evidentiary basis of BPP research, the bounded rationality of choice architects themselves, and the morality of behavior changes induced by policy. Overall, this article provides a much-needed examination of the moral considerations associated with behavioral strategies in public policy and its epistemological foundations, contributing to a more comprehensive understanding of their ethical implications . (shrink)

This thesis concerns the measurement of freedom, and its value. Specifically, I am concerned with three overarching questions. First, can we measure the extent of an individual’s freedom? It had better be that we can, otherwise much ordinary and intuitive talk that we would like to vindicate – say, about free persons being freer than slaves – will turn out to be false or meaningless. Second, in what ways is freedom valuable, and how is this value measured? It matters, for (...) example, whether freedom is valuable only insofar as it enables us to pursue specific ends we happen to value for independent reasons, or whether it is also valuable in itself. In the latter case, but not the former, more freedom will always be better. Likewise, it’s important to get clarity on what ends, exactly, freedom is especially instrumentally valuable in promoting, since this goes to how much we should care about it. And finally, the liberal political tradition asserts that there is a special sphere of personal choices within which individuals should be free to do as they please, for reasons over and above the value of freedom itself. Now, can we measure the extent to which states and individuals respect individual liberties, and can we weigh the importance of respecting liberty against competing values like social welfare? To answer these questions, I follow the axiomatic tradition of social choice theory, and I develop several novel measures of freedom – including the first measure of freedom ever proposed that is sensitive to how modally robustly our options are available – a novel approach to measuring the diversity of an opportunity set, and I develop an account of the value of freedom according to which an important part of why freedom matters is that it enables us to improve our preferences through learning, and I construct ways of measuring the value of freedom along this dimension of value. Finally, in later chapters, I provide a representation result for a measure of illiberalism, i.e. of the degree to which states fail to respect the rights of their citizens, and I extend this result to provide a characterization of moral theories that express concern for respecting the rights of others. The final chapter closes by discussing how this concern may be weighed against concerns for social welfare. (shrink)

The aim of this article is to question the epistemic presuppositions of applying behavioural science in public policymaking. Philosophers of science who have examined the recent applications of the behavioural sciences to policy have contributed to discussions on causation, evidence, and randomised controlled trials. These have focused on epistemological and methodological questions about the reliability of scientific evidence and the conditions under which we can predict that a policy informed by behavioural research will achieve the policymakers’ goals. This paper argues (...) that the philosophical work of Helen Longino can also help us to have a better and fuller understanding of the knowledge which the behavioural sciences provide. The paper advances an analysis of the knowledge claims that are made in the context of policy applications of behavioural science and compares them with the behavioural research on which they are based. This allows us to show that behavioural policy and the debates accompanying it are based on an oversimplified understanding of what knowledge behavioural science actually provides. Recognising this problem is important as arguments that justify reliance on the behavioural sciences in policy typically presume this simplification. (shrink)

Jeffrey Friedman’s Power Without Knowledge argues forcefully that there are inherent limitations to the predictability of human action, due to a circumstance he calls “ideational heterogeneity.” However, our resources for predicting human action somewhat reliably in the light of ideational heterogeneity have not been exhausted yet, and there are no in-principle barriers to progress in tackling the problem. There are, however, other strong reasons to think that disagreement among epistocrats is bound to persist, such that it will be difficult to (...) decide who has “the right answer” to a given technocratic problem. These reasons have to do with competing visions of the good society, fact/value entanglement, and the fragility of the facts of the social sciences. (shrink)

Governments and policy-makers have of late displayed renewed attention to behavioural research in an attempt to achieve a range of policy goals, including health promotion. In particular, approaches which could be labelled as ‘nudges’ have gained traction with policy-makers. A range of objections to nudging have been raised in the literature. These include claims that nudges undermine autonomy and liberty, may lead to a decrease in responsibility in decision-making, lack transparency, involve deception, and involve manipulation, potentially occasioning coercion. In this (...) article I focus on claims of coercion, examining nudges within two of the main approaches to coercion—the pressure approach and the more recent enforcement approach. I argue that coercion entails an element of control over the behaviour of agents which is not plausibly displayed by the kinds of serious examples of nudges posited in the literature. (shrink)

Das von Cass Sunstein und Richard Thaler ausgearbeitete Projekt eines Libertären Paternalismus stellt fraglos einen der zurzeit meistdiskutierten neopaternalistischen Theorieentwürfe dar. Als hybride Mischung zwischen Theorieprogramm, politischer Bewegung und praxis- und anwendungsorientiertem Policy-Manual, das zuweilen Züge eines populären philosophischen Lebensratgebers trägt, hat Libertärer Paternalismus viel Zuspruch, aber auch heftige Kritik auf sich gezogen, die in diesem Aufsatz auf ihre Plausibilität geprüft werden. Zu diesem Zweck geben die Autoren zunächst einen kurzen Überblick über Ausgangspunkte, Leitorientierungen und Problemvorgaben des Theorie- und Politikprogramms (...) des Libertären Paternalismus. In einem zweiten Schritt werden zentrale Konzepte und Unterscheidungen des libertär paternalistischen Rationales vorgestellt und problematisiert. Daran anschließend werden drei der prominentesten Kritikpunkte an Libertärem Paternalismus auf den Prüfstand gestellt. Hierzu gehören der Manipulationseinwand, Kritiken, die sich auf grundlegende Rechtfertigungsprobleme des Libertären Paternalismus beziehen, und Einwände, die auf langfristige negative Folgen des Nudging verweisen. (shrink)

When should nudging be deemed as permissible and when should it be deemed as intrusive to individuals’ freedom of choice? Should all types of nudges be judged the same? To date the debate concerning these issues has largely proceeded without much input from the general public. The main objective of this study is to elicit public views on the use of nudges in policy. In particular we investigate attitudes toward two broad categories of nudges that we label pro-self and pro-social (...) nudges. In addition we explore how individual differences in thinking and feeling influence attitudes toward nudges. General population samples in Sweden and the United States were presented with vignettes describing nudge-policies and rated acceptability and intrusiveness on freedom of choice. To test for individual differences, measures on cultural cognition and analytical thinking were included. Results show that the level of acceptance toward nudge-policies was generally high in both countries, but were slightly higher among Swedes than Americans. Somewhat paradoxically a majority of the respondents also perceived the presented nudge-policies as intrusive to freedom of choice. Nudge-polices classified as pro-social had a significantly lower acceptance rate compared to pro-self nudges. Individuals with a more individualistic worldview were less likely to perceive nudges as acceptable, while individuals more prone to analytical thinking were less likely to perceive nudges as intrusive to freedom of choice. To conclude, our findings suggest that the notion of “one-nudge- fits-all” is not tenable. Recognizing this is an important aspect both for successfully implementing nudges as well as nuancing nudge theory. (shrink)

In this paper I argue that the use of social nudges, policy interventions to induce voluntary cooperation in social dilemma situations, can be defended against two ethical objections which I call objections from coherence and autonomy. Specifically I argue that the kind of preference change caused by social nudges is not a threat to agents’ coherent preference structure, and that there is a way in which social nudges influence behavior while respecting agents’ capacity to reason. I base my arguments on (...) two mechanistic explanations of social nudges; the expectation-based and frame-based accounts. As a concrete example of social nudges I choose the “Don’t Mess With Texas” anti-littering campaign and discuss in some detail how it worked. (shrink)

This paper provides a methodological analysis of Libertarian Paternalism, as put forward in the book Nudge by Richard Thaler and Cass Sunstein (Yale University Press, 2008). Libertarian Paternalism aims to use the accumulated findings of behavioural economics in order to assist decision-makers to make better choices. The philosophical debate about this proposal has focused on normative issues with regards to this proposal. This paper analyses Libertarian Paternalism descriptively and points out four methodological conditions for successful Nudges. On that basis, a (...) methodological critique of Libertarian Paternalism is mounted: the success conditions suggest that Nudges might be even harder to implement and to justify than commonly assumed in the philosophical debate. (shrink)

Selinger and Whyte argue that Thaler and Sunstein are insufficiently sensitive to cultural variance in _Nudge_. I construct a taxonomy of the various roles that cultural variance may play in _nudges_. First, biases that are exploited in _nudging_ may interact with features that are culturally specific. Second, cultures may be more or less susceptible to certain biases. Third, cultures may resolve conflicting biases in different ways. And finally, _nudge_ may be enlisted for different aims in different cultures.

The Cognitive Reflection Test is a widely used measure of the degree to which individuals override an intuitive response and engage in reflection. For both theoretical and practical reasons, it is widely taken to assess an important component of rational thought. In this paper, I will argue that while doing well on the CRT requires valuable cognitive capacities and dispositions, doing badly does not always indicate a lack of such capacities and dispositions. The CRT, I argue, offers respondents implicit (but (...) misleading) testimony: some of those who do badly do so due to a stronger disposition to defer to testimony. Since deference is not irrational, those who do badly need not be irrational, not even in part. (shrink)

Algorithmic communications pose several challenges to democracy. The three phenomena of filtering, hypernudging, and microtargeting can have the effect of polarizing an electorate and thus undermine the deliberative potential of a democratic society. Algorithms can spread fake news throughout the society, undermining the epistemic potential that broad participation in democracy is meant to offer. They can pose a threat to political equality in that some people may have the means to make use of algorithmic communications and the sophistication to be (...) immune from attempts at manipulation, while other people are vulnerable to manipulation by those who use these means. My concern here is with the danger that algorithmic communications can pose to political equality, which arises because most citizens must make decisions about what and who to support in democratic politics with only a sparse budget of time, money, and energy. Algorithmic communications such as hypernudging and microtargeting can be a threat to democratic participation when persons are operating in environments that do not conduce to political sophistication. This constitutes a deepening of political inequality. The political sophistication necessary to counter this vulnerability is rooted for many in economic life and it can and ought to be enhanced by changing the terms of economic life. (shrink)

One of the most pervasive criticisms of nudges has been the claim that they violate, undermine or decrease people’s autonomy. This claim, however, is seldom backed up by an explicit and detailed conception of autonomy. In this paper, we aim to do three things. First, we want to clear up some conceptual confusion by distinguishing the different conceptions used by Cass Sunstein and his critics in order to get clear on how they conceive of autonomy. Second, we want to add (...) to the existing discussion by distinguishing between ‘autonomy’ as the ability to set your own ends and ‘autocracy’ as the ability to actually realize those ends. This will allow for a more careful ethical evaluation of specific nudge interventions. Third, we will introduce the idea of ‘perimeters of autonomy’ in an attempt to provide a realistic account of personal autonomy and we will argue that it can alleviate most of the worries about nudging being autonomy-undermining. (shrink)

In this commentary on Yashar Saghai's article "Salvaging the Concept of Nudge" (JME 2013) I discuss his distinction between a 'prod' (which is 'substantially controlling') and a 'nudge' (which is ‘substantially non-controlling’).

Thaler and Sunstein justify nudge policies from welfaristic premises: nudges are acceptable because they benefit the individuals who are nudged. A tacit assumption behind this strategy is that we can identify the true preferences of decision-makers. We argue that this assumption is often unwarranted, and that as a consequence nudge policies must be justified in a different way. A possible strategy is to abandon welfarism and endorse genuine paternalism. Another one is to argue that the biases of decision that choice (...) architects attempt to eliminate create externalities. For example, in the case of intertemporal discounting, the costs of preference reversals are not always paid by the discounters, because they are transferred onto other individuals. But if this is the case, then nudges are best justified from a political rather than welfaristic standpoint. (shrink)

Richard Thaler and Cass Sunstein (2008) contend that mandated choice is the most practical nudge for increasing organ donation. We argue that they are wrong, and their mistake results from failing to appreciate how perceptions of meaning can influence people's responses to nudges. We favor a policy of default to donation that is subject to immediate family veto power, includes options for people to opt out (and be educated on how to do so), and emphasizes the role of organ procurement (...) organizations and in-house transplant donation coordinators creating better environments for increasing the supply of organs and tissues obtained from cadavers. This policy will provide better opportunities for offering nudges in contexts where in-house coordinators work with families. We conclude by arguing that nudges can be introduced ethically and effectively into these contexts only if nudge designers collaborate with in-house coordinators and stakeholders. (shrink)

Food-related non-communicable diseases such as obesity, type 2 diabetes and cardiovascular diseases are key threats to public health. Yet, the responsibility for food-related health harms is contested. While traditionally viewed as mainly an individual responsibility or a governmental responsibility, fingers are nowadays also pointed at the food and beverage industry, as many firms are producing and marketing unhealthy products that contribute to the rise of obesity and other food-related NCDs. Yet, does the behaviour of the industry and the impact its (...) products have on public health also give reason for moral concern? Are these firms doing anything wrong? Are there normative considerations on the basis of which it can be argued that food and beverage firms have a responsibility for public health? This thesis explores the moral grounds for firms in the food and beverage industry to address food-related public health problems, and simultaneously reflects upon what taking responsibility for these problems could entail in practice. Drawing on debates in business ethics, political philosophy, and public health ethics, it is argued that food and beverage firms have distinct responsibilities for food-related health problems, and that these responsibilities spring from considerations of _non-maleficence_, _respect for autonomy _and _justice_. The thesis makes clear how responsibility for public health can be understood as an essentially shared responsibility, and outlines what taking responsibility could entail for various firms in the food and beverage industry and makes recommendations on what kind of behaviour firms should no longer engage in. (shrink)

Is it a stronger interference with people's freedom to withdraw options they currently have than to withhold similar options they do not have? Drawing on recent theorizing about sociopolitical freedom, this article identifies considerations that often make this the case for public policy. However, when applied to tobacco control, these considerations are shown to give us at best only very weak freedom-based reason to prioritize the status quo. This supports a popular argument for so-called “endgame” tobacco control measures: If we (...) believe that cigarettes would and should be withheld from entering markets in hypothetical scenarios in which they do not yet exist, then we also have reason to seek their abolition in situations, such as ours, in which cigarettes do exist—if necessary by banning their sale. The same considerations are then used to disarm objections that have recently been raised to using nudges in public policy. (shrink)

This collection features comprehensive overviews of the various ethical challenges in organ transplantation. International readings well-grounded in the latest developments in the life sciences are organized into systematic sections and engage with one another, offering complementary views. All core issues in the global ethical debate are covered: donating and procuring organs, allocating and receiving organs, as well as considering alternatives. Due to its systematic structure, the volume provides an excellent orientation for researchers, students, and practitioners alike to enable a deeper (...) understanding of some of the most controversial issues in modern medicine. (shrink)

Gamification is the use of elements and techniques from video game design in non-game contexts. Amid the rapid growth of this practice, normative questions have been under-explored. The primary goal of this article is to develop a normatively sophisticated and descriptively rich account for appropriately addressing major ethical considerations associated with gamification. The framework suggests that practitioners and designers should be precautious about, primarily, but not limited to, whether or not their use of gamification practices: takes unfair advantage of workers (...) ; infringes any involved workers’ or customers’ autonomy ; intentionally or unintentionally harms workers and other involved parties; or has a negative effect on the moral character of involved parties. (shrink)