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 recent years, ‘nudge’ theory has gained increasing attention for the design of population-wide health interventions. The concept of nudge puts a label on efficacious influences that preserve freedom of choice without engaging the influencees’ deliberative capacities. Given disagreements over what it takes genuinely to preserve freedom of choice, the question is whether health influences relying on automatic cognitive processes may preserve freedom of choice in a sufficiently robust sense to be serviceable for the moral evaluation of actions and policies. (...) In this article, I offer an argument to this effect, explicating preservation of freedom of choice in terms of choice-set preservation and noncontrol. I also briefly explore the healthcare contexts in which nudges may have priority over more controlling influences. (shrink)

Virtually any appraisal of a person’s welfare, integrity, or moral status, as well as the moral and political theories built on such appraisals, will rely crucially on the presumption that her preferences and values are in some important sense her own. In particular, the nature and value of political freedom is intimately connected with the presupposition that actions one is left free to do flow from desires and values that are truly an expression of the ‘self-government’ of the agent. However, (...) we all know that no person is self-made in the sense of being a fully formed and intact ‘will’ blossoming out of nowhere. Our values and preferences are explained by essential reference to a variety of influences that have come to bear on our development throughout our personal histories. What is needed, then, is to establish an account of self-determination or autonomy that would help determine just when and if the values and preferences we find ourselves with deserve the centrality that moral and political theories place on them. (shrink)

It is argued that persuasive advertising overrides the autonomy of consumers, in that it manipulates them without their knowledge and for no good reason. Such advertising causes desires in such a way that a necessary condition of autonomy — the possibility of decision — is removed. Four notions central to autonomous action are discussed — autonomous desire, rational desire and choice, free choice, and control or manipulation — following the strategy of Robert Arrington in a recent paper in this journal. (...) Replies are made to Arrington's arguments in favour of advertising. It is also claimed that the argument developed by Philip Nelson, which concludes that even if persuasive advertising does override autonomy, it is still in the interests of consumers to be subjected to it, is seriously mistaken. Finally, some caveats concerning informative advertising are presented. (shrink)

Advertisers often have been accused of using techniques which manipulate and control the behavior of consumers and hence violate their autonomy. Some of these techniques are puffery, subliminal advertising, and indirect information transfer. After examining both criticisms and defenses of such practices, this paper presents an analysis of four of the concepts involved in the debate — the concepts of autonomous desire, rational desire, free choice, and control. Applying the results to the case of advertising, it is shown that advertising (...) cannot be found guilty of intrinsically or frequently violating the consumer's autonomy in any of the relevant senses of this notion. (shrink)

Nudges have been criticized for working ‘in the dark’, influencing people without their full awareness. To assess whether this property renders nudging an illegitimate policy tool in liberal democracies, we argue that in scrutinizing nudge transparency, we should adequately divide our focus between nudging techniques, the nudgers employing them, and the nudgees subjected to them. We develop an account of what it means for nudgees to be ‘watchful’, a disposition that enables them to resist and circumvent nudges. We argue that (...) such ‘watchfulness’ should be cultivated if we want to implement nudges in legitimate, accountable, and democratic ways. (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)

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)

In this article I argue that anti-perfectionist liberals can accept nudging in certain areas: in particular, they can accept nudges aimed at helping people to discharge their nonenforceable duties, and to secure personal autonomy. I claim that nudging is not disrespectful since it does not involve a comparative negative judgment on people’s ability to pursue their plans, and that the judgments that motivate nudging are compatible with treating citizens as free and equal. I also claim that despite being sometimes manipulative, (...) nudging is easy to resist and so it can be employed to pursue legitimate goals. (shrink)