Home
/
RELIGION & LIBERTY ONLINE
/
Should we be nudged toward libertarian paternalism?
Should we be nudged toward libertarian paternalism?
Mar 4, 2026 11:55 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
George Weigel at Calvin College
On Jan. 6, Rev. Robert Sirico, president of the Acton Institute, will introduce author George Weigel at the Calvin College January Series in Grand Rapids, Mich. Weigel’s topic will be “Revolutionary Papacies: John Paul II, Benedict XVI, and the Future of the Catholic Church.” You may also listen to the program live (Friday, Jan. 6 @ 12:30pm EST) through this link on the Calvin site. ...
A case of common domain
The US government is getting set to open up a set of airwave frequencies, vacating the prime estate for obscure channels that will serve its purposes just as well. In addition, the newly available channels will provide a big boost to the capabilities of current wireless providers. As Gene J. Koprowski writes for UPI, “It’s something like an eminent-domain case — except this time, the government is vacating the space in order to further the technology economy, rather than the...
Federal dorms
The Chronicle of Higher Education reports on the closing of a federal housing loophole. The full article is accessible only to subscribers, so I’ll summarize. College students for a number of years have been taking advantage of Section 8 (federally subsidized housing) rules to live in “projects” while they go to school. Such housing is, obviously, supposed to be for the needy, but decidedly un-needy students have been benefiting. The Des Moines Register originally investigated the story (described here) and...
Acton podcast updated for iTunes
For those of you who enjoy listening to podcasts, Acton has updated its own podcast to be more iTunes friendly. We’ve added an iTunes graphic to the feed, updated our description tags, and categorized it on the iTunes music store. For those interested in checking it out, please follow this link to the iTunes Music Store (iTunes is required). ...
Brief Stark review
First item in this month’s Christianity Today Bookmarks. Conclusion: “Disconcertingly, Stark argues without qualification, nuance, and the balancing of perspectives that academics love so much. Nonetheless, he may be right.” ...
2006 Index of Economic Freedom
The new Heritage Foundation/Wall Street Journal report on economic freedom is out, and the findings couldn’t be more straightforward. “The countries with the most economic freedom also have higher rates of long-term economic growth and are more prosperous than are those with less economic freedom,” the report says. Overall, the world is economically freer than it was a year ago, according the authors of the report. Of the 157 countries graded in the 2006 Index of Economic Freedom, 99 improved...
Steyn on secularism and demographics
There’s a lot of buzz in the blogosphere on Mark Steyn’s “It’s the Demography, Stupid”, which appears in today’s and is originally published in the January 2006 issue of The New Criterion. As usual, Steyn has many excellent observations about our present crises, but this article is a more extended look than his op-eds. Some highlights: The design flaw of the secular social-democratic state is that it requires a religious-society birthrate to sustain it. Post-Christian hyperrationalism is, in the objective...
The education monopoly and intelligent design
Public schools are now embroiled in the controversy over the teaching of intelligent design. Eric Schansberg points out that we wouldn’t have this problem if there were more choice in education. But neither education elitists nor theocrats are big on educational freedom. “They wage battle within the monopoly, hoping to capture the process and force their view of truth down the throats of others,” he writes. Read mentary here. ...
‘Some stiff, righteous stuff’
The Real Clear Politics Blog passes along an op-ed from Bob Herbert, “Blowing the Whistle on Gangsta Culture,” a NYT Select item (subscription required). In the column, Herbert discusses the “profoundly self-destructive cultural influences that have spread like a cancer through much of the munity and beyond.” Tom Bevan calls the piece “suprisingly candid,” and “some stiff, righteous stuff – all the more ing from the source.” Herbert, of course, has been a NYT columnist since 1993, and Bevan thinks...
How to kill a small charity
With a gracious spirit, let’s say that Section 317 of Senate Tax Relief Act of 2005was penned with the intent of fostering honest accountability in the charity world. And, furthermore, let’s graciously allow that the legislation was designed to send the message that the Internal Revenue Service is vigilantly watching over the donation of tax-deductible clothing and household goods. A recent articlein the Washington Post justifiably underscored the importance of providing goods to charities that actually have value. Too much...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved