Home -> Law Blog Directory -> Legal Commentary Blogs -> Agoraphilia
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Legal Commentary
: AgoraphiliaWhen Nudge Comes to Shove
By Tom W. Bell and Glen Whitman
But Harford seems to think these schemes are a perversion of Sunstein & Thaler?s concept of libertarian paternalism: ?Some of this is good policy, some is bad policy, some is old-fashioned posturing and none of it has anything to do with libertarian paternalism.?
Sadly, not so. Sunstein & Thaler?s ?libertarian paternalism? has been an expansive notion from the very beginning. In their published works on the subject, S&T refuse to draw a clear distinction between public and private action, or between consent and coercion. As a result, they reach the conclusion that there is no line between softer and harder forms of paternalism:
But in all cases, a real question is the cost of exercising choice, and here there is a continuum rather than a sharp dichotomy. ... [A] libertarian paternalist who is especially confident of his welfare judgments would be willing to impose real costs on workers and consumers who seek to do what, in the paternalist?s view, would not be in their best interests. (p. 1185-86)In short, even if S&T don?t particularly like the policies currently being advanced by the British government, they would have to admit such policies fall within the ?libertarian paternalist? schema.
And it was entirely predictable that politicians and interest groups would take the concept and run. The notion of libertarian paternalism is inherently slippery, and its creators and initial advocates should not be surprised to see it slip through their hands.
Full post as published by Agoraphilia on August 25, 2008 (boomark / email).

Brady on Banning the Internet in College Classrooms
For Those Once Behind Bars, A Nudge to the Voting Booth
Disgraced Sheriff Ken Jenne To Receive Happy Ending After All







