Home
/
RELIGION & LIBERTY ONLINE
/
Should we be nudged toward libertarian paternalism?
Should we be nudged toward libertarian paternalism?
Feb 27, 2026 7:14 AM

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
Population control update
Ted Turner in the Atlanta Journal-Constitution today: (via) One way bat global warming, Turner said, is to stabilize the population. “We’re too many people; that’s why we have global warming,” he said. “Too many people are using too much stuff.” Turner suggested that “on a voluntary basis, everybody in the world’s got to pledge to themselves that one or two children is it.” Admitting that he’s “always suffered from foot-in-the-mouth disease,” Turner added, “I’ve gotten a lot better, though. It’s...
An impoverished culture
Rod Dreher links to a piece by Cato’s Brink Lindsey, “Culture of Success.” The conclusion of Lindsey’s piece is that familial culture is more important to child success in school and economic achievement than external assistance, in the form of tuition grants or otherwise: If more money isn’t the answer, what does have an impact? In a word: culture. Everything we know about high performance in all fields of endeavor tells us that, while natural talent is a plus, there...
Mea culpa (or, how I got pwned by public radio)
Last night as I was driving to an appointment, I was listening to our local NPR affiliate here in Grand Rapids, and specifically to the show Marketplace. I happened to hear a story about how the government and economists were concerned that the money given to taxpayers via the “economic stimulus package” may actually be used for purposes other than retail spending, thereby not causing the intended “stimulus.” Not the first story of this sort that I’ve heard over the...
Humans and hybrids
In recent years the UK has emerged as a key player in both genetic experimentation and in corresponding legal battles over the extent to which the government ought to regulate such research. The latest ing from across the pond involves passage of a bill legalizing the creation of human-animal hybrids with certain restrictions (regarding type and length of survival). Three members of the governing cabinet were “reportedly considering resignation if forced to back the Bill.” Controversy arose over the call...
Traditions in a globalized age
Yesterday I enjoyed a stimulating presentation of Harvard Law Professor and current U.S. Ambassador to the Holy See Mary Ann Glendon’s new Italian-language collection of essays, Tradizioni in Subbuglio (Traditions in Turmoil). Glendon has previously spoken at Acton’s closing Centesimus Annus conference at the Pontifical Lateran University and her address has been published in the latest issue of the Journal of Markets and Morality. Situated near the Pantheon at the Istituto Luigi Sturzo, the event was attended by professors, lawyers,...
Muslims outnumbering Catholics?
The Roman Catholic Church’s authoritative reference source, the Annuario Pontificio (Papal Yearbook), is published in March of every year. It is a weighty book in more ways than one: prises of over 2,500 pages, has a very limited print production of 10,000 copies, and contains just about every bit of information you would want to know about the make-up of the Church. The publication of the 2008 Annuario made news earlier this week when, in an interview with the Vatican...
New Deal for April Fools
Last month marked the 75th anniversary of the beginning of FDR’s “New Deal”. The Great Depression is the most famous event in U.S. macro-economic history. Most or all of my students know that it happened in the first half of the 20th century. They have no sense of what caused it– except perhaps to lay blame on the 1929 stock market crash. And they have a vague sense that the New Deal policies of FDR were helpful in ending it....
The burden of Italian red tape
In yesterday’s Wall Street Journal Europe, Alberto Mingardi of Istituto Bruno Leoni (and long-time Acton friend) lists some of the reforms Italy needs to boost economic growth, which is forecast at a measly 0.6 – 0.8 percent for 2008. Mingardi advocates a number of tax cuts and a more determined privatization of state assets. Some of these issues are being discussed – timidly – in the current election campaign; Mingardi also focuses on de-regulation and de-bureaucratization, issues heretofore neglected by...
Rev. Robert A. Sirico at the University Club of Chicago
Rev. Robert A. Sirico in Chicago This afternoon, Acton President Rev. Robert A. Sirico took his most recent address from the 2008 Acton Lecture Series on the road to Chicago, Illinois. Sirico addressed an audience at the University Club of Chicago on The Rise and Eventual Downfall of the New Religious Left. If you were in attendance and would like to listen again, or weren’t able to attend today either today or at last month’s ALS event, you can listen...
CAGW names names
Citizens Against Government Waste (CAGW) has released their “Pig Book” for 2008, which is an pilation of the pork-barrel projects in the federal budget. The 2008 Pig Book identified 11,610 projects at a cost of $17.2 billion in the 12 Appropriations Acts for fiscal 2008. A ‘pork’ project is a line-item in an appropriations bill that designates tax dollars for a specific purpose in circumvention of established budgetary procedures.” According to CAGW, “despite last year’s ethics and lobbying ‘reform,’ pork-barrel...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved