In this paper, I examine how nudges affect the autonomy and freedom of those nudged. I consider two arguments put forth by Thaler and Sunstein for the claim that these effects can only be minor. According to the first of these arguments, nudges cannot significantly restrict a person’s autonomy or freedom since they are easy to resist. According to the second argument, the existence of nudges is inevitable, and thus, pursuing libertarian paternalism by nudging people doesn’t make a relevant difference (...) to people’s autonomy and freedom. After arguing that both of these arguments fail, I elucidate the general conditions in which, and the degrees to which, a person’s autonomy and freedom are affected by nudges. One focus of this discussion concerns how people’s autonomy and freedom are affected if—for example, due to progress in information technology—nudges become more effective, more individualized and more common, and affect more people. (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)

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)

In this note, we would like to respond to some remarks with which Cass Sunstein has, in turn, responded to our paper 'Nudges as a Threat to Privacy' in this journal. First, we address his contention that nudges are among the less problematic government practices as regards to privacy issues. Second, as he has clarified in his response that he doesn't think an all too well-informed government would be a good idea, we point out that this leaves a gaping hole (...) in his justification of libertarian paternalism. Third, we point out a new problem with gathering information about the preferences of citizens, namely that observation tends to distort behavior and hence leads to misguided inferences about goals and ends. (shrink)

In diesem Beitrag argumentieren wir, dass eine umfassende Implementierung sogenannter Nudges weitreichende Auswirkungen für rechtliche und politische Institutionen hat. Die wissenschaftliche Diskussion zu Nudges ist derzeit hauptsächlich von philosophischen Theorien geprägt, die im Kern einen individualistischen Ansatz vertreten. Unsere Analyse bezieht sich auf die Art und Weise, in der sich Anhänger des Nudging neuster Erkenntnisse aus den Verhaltenswissenschaften bedienen – immer in der Absicht, diese für effektives Regieren einzusetzen. Wir unterstreichen, dass die meisten Nudges, die derzeit entweder diskutiert werden oder (...) bereits implementiert sind, nicht Teil eines Rechtssystems sind und keinen normativen Charakter haben. Dazu unterscheiden wir zwischen zwei Idealtypen, um menschliches Verhalten zu beeinflussen, die wir als normativ bzw. instrumentell bezeichnen. Diese Idealtypen stehen für verschiedene Weisen, in denen öffentliche Regeln strukturiert werden können; sie erlauben uns, die institutionellen Implikationen von Nudges zu verstehen und zu bewerten. Hier betonen wir den Wert des Rechts als Absicherung gegenüber den möglichen schädlichen Konsequenzen von in der Politik und Regierungsführung eingesetzten Nudges. Unser Beitrag schließt mit Reaktionen auf einige Einwände, die unsere Vorschläge bereits erhalten haben. (shrink)

The novel coronavirus (SARS-CoV-2) pandemic has refocused attention on the issue of mandatory vaccination. Some have suggested that vaccines ought to be mandatory, while others propose more moderate alternatives, such as incentives. This piece surveys a range of possible interventions, ranging from mandates through to education. All may have their place, depending on circumstances. However, it is worth clarifying the options available to policymakers, since there is sometimes confusion over whether a particular policy constitutes a mandate or not. Further, I (...) illustrate a different kind of alternative to mandatory vaccination. Rather than seeking less coercive alternatives to a mandate, we might instead employ an alternative mandate, which requires people to do something less than get vaccinated. For instance, we might merely require people to attend an appointment at a vaccine clinic. Whether this mandatory attendance policy is justified will depend on specific circumstances, but it represents another way to promote vaccination, without mandating it. In some cases, this may represent an appropriate balance between promoting public health goals and respecting individual liberty. (shrink)

While nudging has garnered plenty of interdisciplinary attention, the ethics of applying it to climate policy has been little discussed. However, not all ethical considerations surrounding nudging are straightforward to apply to climate nudges. In this article, we overview the state of the debate on the ethics of nudging and highlight themes that are either specific to or particularly important for climate nudges. These include: the justification of nudges that are not self-regarding; how to account for climate change denialists; transparency; (...) knowing the right or best behaviours; justice concerns; and whether the efficacy of nudges is sufficient for nudges to be justified as a response to the climate crisis. We conclude that climate nudges raise distinct ethical questions that ought to be considered in developing climate nudges. (shrink)

Critics have long dismissed paternalistic choice architecture as conceptually muddled at best and oxymoronic at worst. In this article, I argue that this criticism remains true despite recent replies to the contrary. Further, I suggest that a similar conceptual criticism also applies to non-paternalistic choice architecture. This is due to a three-way tension between the effectiveness, avoidability, and distinctiveness of each nudge. To illustrate this tension, I provide a novel explanation of the mechanics of nudging and a taxonomy of these (...) interventions. I then argue that choice architects who defend the distinctiveness of nudging according to how it guides our behaviour via our unreflective intuitive reasoning encounter a trilemma because the distinctiveness of nudging hinges on interventions being both avoidable and effective. Choice architects cannot achieve this aim without harnessing both our automatic and reflective systems of thought in tandem. However, this diminishes the distinctive character of nudging by bringing it closer to other traditional policy interventions. This establishes the choice architect’s trilemma: a nudge is likely to be either ineffective, effective via some morally unacceptable means, or effective in a manner that is conceptually indistinct from other evidence-based policy interventions. (shrink)

Multiple selves is a conventional assumption in behavioural welfare economics for modelling intrapersonal well-being. Yet an important question is which self has normative authority over others. In this paper, we advance an argument for what we call the ‘ontological approach’ to personal identity in behavioural welfare economics. According to this approach, ethical questions – such as which preference should be granted normative authority over another – can be informed by the ontological criterion of personal persistence, which aims at determining what (...) it takes for an individual to persist from one time to another. (shrink)

Drawing from the literatures on the ethics of nudging and moral bioenhancement, I elaborate several pairs of cases in which one intervention is classified as an environmental behavioral intervention (EBI) and the other as a neurochemical behavioral intervention (NBI) in order to morally compare them. The intuition held by most is that NBIs are by far the more morally troubling kind of influence. However, if this intuition cannot be vindicated, we should at least entertain the _Similarity Thesis_, according to which (...) EBIs and NBIs share relevant moral features to the extent that moral conclusions about one are implied about the other in the described pairs of cases. I test this thesis by putting forward a number of possible moral grounds for setting EBIs and NBIs apart, including three of the most promising ones – physical invasiveness, disclosure and avoidance, and inevitability. I conclude that although these promising grounds might not bear the full burden of vindicating the intuition against _Similarity_ by themselves, clustering them together can establish discernible moral separation. (shrink)

A central reason to worry that managers should not use nudges to influence employees is that doing so fails to treat employees as _rational_ and/or _autonomous_ (RA). Recent nudge defenders have marshaled a powerful line of response against this worry: in general, nudges treat us as the kind of RA agents we are, because nudges are apt to enhance our limited capacities for RA agency by improving our decision-making environments. Applied to managerial nudges, this would mean that when managers nudge (...) their employees, they generally bolster their employees’ limited RA agency and, thus, treat employees as the kinds of RA agents they are. My aim is to vindicate a qualified version of the initial worry from the nudge-defender response and, as a result, provide a clearer, more plausible framework for evaluating managerial nudges than what nudge critics have previously given. I do this, first, by showing how nudge defenders rely on equivocation between two different senses of “treating someone as RA.” The _value-preserving_ notion that supports the nudge-defender prescription to protect and enhance RA capacities is different from the _authority-recognizing_ notion that underwrites the initial worry about nudging. Second, I argue that the authority-recognizing notion of treating someone as RA implies that managerial nudges treat employees as RA just when the nudges are compatible with relating to employees as equals. Third, I explain how, to determine when managerial nudges are compatible with relating to employees as equals, we need to consider how employees surrender aspects of their equal, agency-grounded authority to managers. (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)

Nudges are a way to steer people’s behavior through changes in how choices are presented. Nudge research has been incorporated into public policy in many countries, and nudge research, thus, has the potential to directly influence societies and individuals. As a result, research ethics for nudge research is needed to ensure that nudges developed are not instances of unethical manipulation of people. In this paper, I argue that two types of slippery slopes from ethically fine nudges to ethically problematic ones (...) can take place in nudge research. The conceptual slippery slope follows from (1) the broad way of defining nudges, (2) the multitude of different ways of understanding manipulation of people, (3) many manipulation definitions implying that some nudges are manipulative, and (4) some forms of manipulation of people being prima facie wrong. The empirical slippery slope rests, first, on the possibility of small steps from ethically acceptable to wrong nudges, and second, on the cognitive limits typical to human beings (including nudge researchers). Both slippery slope arguments imply the need to of nudge researchers to create so-called firebreaks. The firebreaks can take the form of ethical justifications. To avoid slippery slopes, certain types of arguments should be excluded from these justifications. (shrink)

Order ethicists favour incentives as a means for making moral progress but largely ignore an alternative method, namely, nudging, which has come to prominence through the work of behavioural scientists in recent years. In this paper, we suggest that this is a mistake. Order ethicists have no reason to ignore nudging as an alternative method. Arguments they might press against it include worries about paternalism, manipulation, autonomy, and unintended bad consequences. These are, we argue, largely unfounded insofar as they involve (...) misconceptions or affect incentives as well. In particular, we contend that only some, but not all, nudges are paternalistic, manipulative, and autonomy-reducing. The same is true of incentives. Also, both nudges and incentives can have unintended bad consequences. Therefore, order ethicists cannot endorse arguments against nudges without undermining their favourable view of incentives. In addition, there might be positive reasons to prefer nudges to incentives, for instance, when they are more freedom-preserving, more effective, cheaper, easier to implement, or less inequality-inducing than the latter. (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)

:Behavioural public policy has come under fire by critics who claim that it is illiberal. Some authors recently suggest that there is a type of BPP – boosting – that is not as vulnerable to this normative critique. Our paper challenges this claim: there's no non-circular way to draw the distinction between nudge and boost that would make the normative difference required to infer the permissibility of a policy intervention from its type-membership. We consider two strategies: paradigmatic examples and causal (...) mechanisms. We conclude by sketching some suggestions about the right way to approach the normative issues. (shrink)

ABSTRACTThis paper critically analyses current depictions of prevention and tries to offer a new theoretical reflection on the concept by reconstructing it on the basis of Jeremy Bentham’s writings on indirect legislation. It is my aim not only to explore Bentham’s concept of indirect legislation as an outstanding example of enlightened social/public policy, but also to show to what extent his thoughts might be a fruitful contribution to a necessary reconceptualization of current conceptions of prevention, which are heavily criticized by (...) many scholars. (shrink)

Policymakers and institutions have developed an increasing interest in applying principles from cognitive science to encourage individuals to adopt behaviors, attitudes and perspectives that enable them to reach higher levels of personal and collective well-being. We focused on the value of nudging people to adopt a broader farsighted view when making their day-to-day decisions, overcoming the temporal discounting bias which leads them to prefer smaller immediate gains to larger future rewards. Following recent advances in the literature, we tried to mitigate (...) this myopia promoting the connection that individuals feel between their present and future selves through a nudge which capitalizes on their natural tendency to illusory superiority. We defined and tested a paradigm to exploit persuasively this optimistic bias to mitigate temporal discounting through the mediation of an increased future self-continuity. Implications for well-being and public policies are discussed. (shrink)