Home
/
RELIGION & LIBERTY ONLINE
/
Should we be nudged toward libertarian paternalism?
Should we be nudged toward libertarian paternalism?
May 2, 2026 7:34 PM

If the boy is father to the man, then I was raised by a profligate dunce. Even though I had learned the power pound interest in high school, I foolishly squandered my trivial savings at a time when the “eighth wonder of the world,” as Albert Einstein called it, would have had the greatest impact. Had I invested a mere $2,000 in Apple stock on my 18th birthday I would now be $252,039 richer and well on my way to being a millionaire by the time I reach retirement. Economists might say my choice was rational (it was all the money I had in the world at the time) but it certainly wasn’t optimal.

Fortunately, I had a distant relative—Uncle Sam—that stepped in to save me from my own economic petence. For example, during my first week of Marine Corps boot camp I had to fill out a form in which I had the choice to “opt out” of the Montgomery GI Bill. If I did not check the box I would have $100 a month deducted from my pay for six months and in return I would have $36,000 to use for college. Although several of my fellow recruits chose not to participate, the majority of us took the lazy way out and left the box unchecked. That act of sloth made me $35,400 richer.

My experience was an example of an action of what The Economist referred to in 2006 as the “avuncular state”: “worldly-wise, offering a nudge in the right direction, perhaps pulling strings on your behalf without your even noticing.” Advocates of this form of paternalistic governance include a number of behavioral economists who term such approaches “asymmetric paternalism”, “benign paternalism,” “cautious paternalism,” or, as Richard Thaler, the economist who won this year’s Nobel Prize in Economics, calls it, “libertarian paternalism.”

In 2009, Thaler and Cass Sunstein published a book called Nudge: Improving Decisions About Health, Wealth, and Happiness, which popularized the concept. Before that, though, they wrote an influential law review article on libertarian paternalism:

The idea of libertarian paternalism might seem to be an oxymoron, but it is both possible and legitimate for private and public institutions to affect behavior while also respecting freedom of choice. Often people’s preferences are ill-formed, and their choices will inevitably be influenced by default rules, framing effects, and starting points. In these circumstances, a form of paternalism cannot be avoided. Equipped with an understanding of behavioral findings of bounded rationality and bounded self-control, libertarian paternalists should attempt to steer people’s choices in welfare-promoting directions without eliminating freedom of choice.

“Libertarians embrace freedom of choice, and so they deplore paternalism,” note Sunstein and Thaler. “Paternalists are thought to be deeply skeptical of freedom of choice and to deplore libertarianism.” The two groups would appear to be mutually exclusive but the authors argue for a “form of paternalism, libertarian in spirit, that should be acceptable to those who are mitted to freedom of choice on grounds of either autonomy or welfare.”

A few examples they provide of how libertarian paternalism can be put into practice are:

• In an attempt to increase savings by workers, pany decides not to ask employees if they wish to participate in a 401(k) plan. Instead, the workers are automatically enrolled unless they specifically choose otherwise.

• “Sin goods”—such as junk food—are often repeatedly purchased in small quantities for short-term consumption. Because people make numerous purchases over the course of their lives rather than, for instance, a single trip to the store to purchase a lifetime supply of potato chips, they can distort their long-term consumption decisions by giving in to small preferences for immediate gratification. A way to correct for this would be to impose a per-unit tax on potato chips to induce people to consume less, and return the proceeds to consumers via a lump-sum transfer or by lowering e taxes or taxes on some modity, such as socks.

• Another approach would be to induce people with self-control problems to make “prospective choices,” making choices now that influence their future in-the-moment incentives. One way to implement this would be to impose a high presumptive tax, and then sell licenses (or vouchers) that permit people to buy the good tax-free (or at a reduced tax) in the future. For example, rather than pay $2 per pack on cigarettes, a smoker could buy a “sin license” which might cost $5,000 and entitle the holder to an unlimited supply of cigarettes tax-free. Paying such an upfront fee would require a mitment to the habit.

Although these examples are all monetarily based, other illustrations can be found of imposing self-constructed limits in order to increase awareness of choices. The Economist article mentions a program in Missouri that pulsive gamblers to add their names to a voluntary blacklist. If the gamblers breach the self-imposed ban by entering one of the state’s riverboat casinos, they face arrest for trespassing and the confiscation of their winnings.

Another example is covenant marriage laws that allow couples the freedom to choose to be held to a higher level of mitment. Before being able to obtain a divorce, spouses who entered into a covenant marriage limit the reasons they can seek a divorce and often must agree to undergo marital counseling before the marriage can be dissolved.

Although these examples are relatively benign, there is a danger in allowing government technocrats government influence the economic choices of affected parties in a way that will make choosers better off.

Several years ago, In a review of Robert and Edward Skidelsky’s book How Much is Enough?, Karen Horn explained why this approach often leads to disaster:

The Skidelskys produce a whole list of basic goods that constitute the good life as they see it: health, security, respect, personality (which in their view leads both to the right to a private sphere and to redistribution of property), friendship, leisure and harmony with nature. Not only are these items taken to be universal needs, but ends in themselves as well.

The argument is by no means religious. It is Aristotelian, based on a notion of natural law — and thus axiomatic. It is not a very large step from there to imposing a lifestyle on other people. Such intrusiveness cannot be avoided by paying lip-service to the idea of liberty. Calling one’s version of paternalism “non-coercive”, as the Skidelskys self-consciously rush to do, is not enough. These days, the “road to serfdom” that Friedrich Hayek famously feared to see Western civilisation embark on in the 1940s is paved with the good intentions of a fast-growing group of libertarian paternalists. And the self-appointed messiahs who show us the way along this road are clothed in nannies’ uniforms.

The policy mendations that flow from the Skidelskys are as old as they are proven recipes for disaster: ever more government influence, massive e redistribution, a basic wage, progressive consumer taxes, a slower economic integration of the world. Some ghosts continue to haunt us

Thaler would respond, as he did in his book Nudge, that, “The first misconception is that it is possible to avoid influencing people’s choices.”

If private and public institutions are going to attempt to influence people’s behavior (and they always will, say behavioral economists), why should they not do so in a way that, as Thaler and Sunstein claim, “steer people’s choices in directions that will improve their own welfare?” After all, as Thaler’s Nobel-winning research shows, humans are not the rational animals that economists have always presumed us to be. We are often willfully ignorant, intemperate, and prone to inertia. Libertarian paternalism offers a gentle correction, a non-intrusive means of influencing what another Nobel-winning economist, Thomas Schelling, calls the “intimate contest for mand.”

“Libertarian paternalism is a relatively weak, soft, and nonintrusive type of paternalism,” say Thaler and Sunstein, “because choices are not blocked, fenced off, or significantly burdened.” Are they right? Would we be better off trading the nanny state for the avuncular state?

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
History and empire
John Wilson, editor of Books & Culture, writes up a summary of the proceedings of The Historical Society’s conference, “Globalization, Empire, and Imperialism in Historical Perspective.” “We urgently need an antidote to the journalistic clichés and the even more deplorable pseudo-scholarly discourse surrounding the interlocked themes of globalization, empire, and imperialism. We need the distance—the perspective—that good historical thinking affords. There was plenty of that on display in Chapel Hill, along with some muddle,” reports Wilson. For more on how...
Evangelicals and cable TV
A story over the weekend in Washington Post gives a good overview of the mixed motives behind evangelical campaigning for and against a la carte pricing of cable channels, despite the poorly chosen title, “Evangelicals vs. Christian Cable” (as if Christian broadcasters aren’t largely evangelicals of some sort or another). Just a sign that in the MSM evangelical is ing a term with primarily political rather than theological content. On the one side, lobbyists who want to be able to...
Guilt free ecology
TerraPass is a way to assuage a guilty conscience caused by your car’s CO2 emissions. In the interest of trying to be balanced on the whole CO2 debate, here’s a link to their climate change blog with plenty of GW posts. To each his own. But it sounds like a way for mon folk to buy into what Iain Murray calls “the new aristocracy:” Al Gore justifies his enjoyment of a carbon-intensive lifestyle in a speech in the UK: He...
Penitence in the penitentiary
Joe Knippenberg, who blogs at No Left Turns, provides a thoughtful and engaging analysis of the particulars of the recent Iowa court decision finding against InnerChange Freedom Initiative, an outreach of Prison Fellowship Ministries. In “Penitents in the Penitentiary?,” at The American Enterprise Online, Knippenberg writes, “Despite my general support for the faith-based initiative, and for religious efforts to put the penitence back in penitentiaries, I’m inclined for the most part to agree with Judge Pratt. In this particular case,...
Why I am a classical liberal
Social and political theory is widely and, quite often, grossly misunderstood. What we call conservatism today, at least in several very important ways, was once called federalism, or classical liberalism. A central idea of this federalism was that the state should be built from below, not from above. Numerous orthodox Christian thinkers, both Catholic and Protestant, have explained and defended classical liberalism over the course of the past two or three centuries. It is in this sense that Pope Benedict...
Good news on immigration
Yes, I realize that no one likes the current version of the Comprehensive Immigration Reform bill. But it is possible to make constructive changes without prehensive. Here are a couple of recent examples: 1. Assimilation needs to be a priority. The Administration just formed a Task Force on New Americans to help legal immigrants e more fully Americanized. Whether the Task Force will do anything substantial remains to be seen. But it is encouraging that someone in the Administration understands...
The new urban Christians
“Should I not be concerned about that great city?” asks God of the prophet Jonah about Nineveh, which “has more than a hundred and twenty thousand people who cannot tell their right hand from their left, and many cattle as well.” God is rebuking the recalcitrant prophet, who only carried out his assigned proclamation in Nineveh after a rather harrowing adventure on the high seas. After Jonah delivered his message, “Forty more days and Nineveh will be overturned,” the Bible...
Follies of the Wise
Here’s a link to the introduction to Frederick Crews’ new book, Follies of the Wise, which includes the following statement: Having made a large intellectual misstep in younger days, I am aware that rationality isn’t an endowment but an achievement that e undone at any moment. And that is just why it is prudent, in my opinion, to distrust sacrosanct authorities, whether academic or psychiatric or ecclesiastic, and to put one’s faith instead in objective procedures that can place a...
A different view of immigration
I haven’t been uncritical of American bishops’ statements concerning immigration. But I wouldn’t go *quite* as far as Pastor Ralph Ovadal of Pilgrims Covenant Church, for whom the terms ‘antichrist,’ ‘Romanist,’ and ‘Reconquista’ fairly roll off the tongue. Rick Garnett has an appropriately tongue-in-cheek treatment at Mirror of Justice. ...
There are more environmentalist misanthropes than you think
On April 3, I reported the story of Texas scientist Eric Pianka, who allegedly argued in a speech that the only hope for the planet was for a mutated Ebola virus to exterminate 90% of the human population. Forrest Mims, who attended the speech, broke the story. Over the next few weeks, there was a media firestorm over the incident, and Mims was accused of misrepresenting Pianka’s speech. As a result, I received several emails telling me that I should...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved