Libertarian paternalism's notion of “nudging” refers to steering individual decision making so as to make choosers better off without breaching their free choice. If successful, this may offer an ideal synthesis between the duty to respect patient autonomy and that of beneficence, which at times favors paternalistic influence. A growing body of literature attempts to assess the merits of nudging in health care. However, this literature deals almost exclusively with health policy, while the question of the potential benefit of nudging (...) for the practice of informed consent has escaped systematic analysis. This article focuses on this question. While it concedes that nudging could amount to improper exploitation of cognitive weaknesses, it defends the practice of nudging in a wide range of other conditions. The conclusion is that, when ethically legitimate, nudging offers an important new paradigm for informed consent, with a special potential to overcome the classical dilemma between paternalistic beneficence and respect for autonomy. (shrink)

Can the general public learn to deal with risk and uncertainty, or do authorities need to steer people’s choices in the right direction? Libertarian paternalists argue that results from psychological research show that our reasoning is systematically flawed and that we are hardly educable because our cognitive biases resemble stable visual illusions. For that reason, they maintain, authorities who know what is best for us need to step in and steer our behavior with the help of “nudges.” Nudges are nothing (...) new, but justifying them on the basis of a latent irrationality is. In this article, I analyze the scientific evidence presented for such a justification. It suffers from narrow logical norms, that is, a misunderstanding of the nature of rational thinking, and from a confirmation bias, that is, selective reporting of research. These two flaws focus the blame on individuals’ minds rather than on external causes, such as industries that spend billions to nudge people into unhealthy behavior. I conclude that the claim that we are hardly educable lacks evidence and forecloses the true alternative to nudging: teaching people to become risk savvy. (shrink)

Is it possible to interfere with individual decision-making while preserving freedom of choice? The purpose of this article is to assess whether ‘libertarian paternalism’, a set of political and ethical principles derived from the observations of behavioural sciences, can form the basis of a viable framework for the ethical analysis of public health interventions. First, the article situates libertarian libertarianism within the broader context of the law and economics movement. The main tenets of the approach are then presented and particular (...) attention is given to its operationalization through the notion of a ‘nudge’. Essentially, a ‘nudge’ consists in an intervention, which aims to suggest one choice over another by gently steering individual choices in welfare-enhancing directions yet without imposing any significant limit on available choices. Finally, the article concludes that, while it fails as an overreaching framework of ethical analysis, libertarian paternalism nonetheless constitutes a valuable addition to the conceptual toolbox of public health ethics. (shrink)

In behavioral ethics today, there is debate as to which theory of moral development is the best for understanding ethical decision making, thereby facilitating ethical behavior. This debate between behavioral ethicists has been profoundly influenced by the field of moral psychology. Unfortunately, in the course of this marriage between moral psychology and business ethics and subsequent internal debate, a simple but critical understanding of human being in the field of management has been obscured; i.e., that morality is not a secondary (...) phenomenon arising out of something else. Therefore, in this paper, we will argue that there is a need in behavioral ethics to shift our understanding away from the influence of contemporary moral psychology and back to management theorist Ghoshal’s :75–91, 2005) view of what it means to be human in which the moral is fundamental. To assist in this labor, we will build on the philosophical work of Emmanuel Levinas who sees ethics, regardless of the setting, as a metaphysical concern. What this means is that Levinas sees the essential moral character of human life and the reality of human agency as ontologically fundamental, or constitutive of human nature itself. In other words, the ethical is the “first cause” in regard to understanding the nature and action of the individual, including within organizations. Thus, morality in any sphere of human endeavor, including in business, is not merely epiphenomenal to some more fundamental reality. (shrink)

ABSTRACT:In this article we investigate a philosophical problem for normative business ethics theory suggested by a phenomenon that contemporary psychologists call “bounded ethicality,” which can be identified with the putative fact that well-intentioned people, constrained by psychological limitations, make ethical choices inconsistent with their own ethical beliefs and commitments. When one combines the idea that bounded ethicality is pervasive with the idea that a person morally ought to do something only if she can, it raises a doubt about the practical (...) relevance of the moral principles that business ethics theory prescribes. We call this doubt the Radical Behavioral Challenge. It consists in the idea that people cannot generally conform to the normative ethical principles that business ethics theorists prescribe, and that these principles are therefore practically irrelevant. We answer the Radical Behavioral Challenge and explore normative implications of our answer. (shrink)

Libertarian paternalism is a concept derived from cognitive psychology and behavioural science. It is behind policies that frame information in such a way as to encourage individuals to make choices which are in their best interests, while maintaining their freedom of choice. Clinicians may view their clinical consultations as far removed from the realms of cognitive psychology but on closer examination there are a number of striking similarities.

Le traite d'Aristote intitule Categories est une des oeuvres du philosophe grec qui a suscite le plus de commentaires depuis l'Antiquite jusqu'a nos jours. La tradition voulait que la logique aristotelicienne commencat avec la logique des termes exposee dans les Categories, puis se poursuivit avec une logique des propositions dans le De interpretatione, pour se clore avec la logique de l'argumentation dont traitent les Premiers analytiques. En realite, les Categories sont bien plus qu'une simple logique des termes. L'ouvrage traite en (...) effet des choses qui se disent sans connexion et est ainsi une porte ouverte vers l'ontologie et la metaphysique. Le lecteur trouvera ainsi dans l'introduction de la presente edition des rapprochements entre les Categories et les Topiques d'une part et la Metaphysique d'autre part. Le titre du traite, qui vient du verbe dont use Aristote pour signifier l'acte de prediquer renvoie aux 10 categories indiquees au chapitre 4 et qui sont la substance, la quantite, la qualite, le relatif, le lieu, le temps, le positionnement, la tenue, le faire et le subir. L'edition des Categories dans la Collection des Universites de France comporte le texte grec du traite accompagne de la traduction en francais de Richard Bodeus. Le traite est precede d'une riche introduction dans laquelle sont debattues les questions de son titre et de son authenticite. Dans cette introduction, Richard Bodeus replace les Categories dans l'ensemble de l'oeuvre d'Aristote et decrit de maniere precise la tradition manuscrite du texte. En appendice, le lecteur trouvera un apparat critique detaille ainsi qu'un ensemble de notes qui favoriseront la lecture du texte. (shrink)

The American Journal of Bioethics, Volume 12, Issue 2, Page 18-20, February 2012.

We advance the thesis that the method of experimental economics can make significant contributions to normative, as opposed to descriptive, business ethics. We contend that there are two basic ways in which experimental economics may make this contribution, and we exemplify these ways by pointing to experimental support of social contract theory as rational foundation for business ethics. These two ways are: (1) adding psychological realism; and (2) testing some quasi-empirical assumptions present in normative theory. In order to make good (...) our methodological claim, we first describe the methodological rules of experimental economics, distinguishing this method from other behavioral business ethics approaches. We also contemplate the possible objection that empirical methods cannot bear on normative ethics because there is no way of bridging the gap between descriptive theory (how people behave) and normative theory (how people ought to behave). (shrink)

Jon Elster has written a comprehensive, wide-ranging book on the emotions in which he considers the full range of theoretical approaches. Drawing on history, literature, philosophy and psychology, Elster presents a complete account of the role of the emotions in human behaviour. While acknowledging the importance of neurophysiology and laboratory experiment for the study of emotions, Elster argues that the serious student of the emotions can learn more from the great thinkers and writers of the past, from Aristotle to Jane (...) Austen. He attaches particular importance to the work of the French moralists, notably La Rochefoucauld, who demonstrated the way esteem and self-esteem shape human motivation. The book also maintains a running dialogue with economists and rational-choice theorists. Combining methodological and theoretical arguments with empirical case-studies and written with Elster's customary verve and economy, this book has great cross-disciplinary appeal. (shrink)

The American Journal of Bioethics, Volume 12, Issue 2, Page 24-25, February 2012.