Home
/
RELIGION & LIBERTY ONLINE
/
Should we be nudged toward libertarian paternalism?
Should we be nudged toward libertarian paternalism?
Feb 12, 2026 6:28 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
One More Reason the Government Shouldn’t Subsidize Ethanol
Excerpts from Clifford Krauss’ article in the New York Times (cross-posted at )… The ethanol boom of recent years — which spurred a frenzy of distillery construction, record corn prices, rising food prices and hopes of a new future for rural America — may be fading. Only last year, farmers here spoke of a biofuel gold rush, and they rejoiced as prices for ethanol and the corn used to produce it set records. panies and farm cooperatives have built so...
Abandon SCHIP: Big Government Returns
The mammoth Congressional expansion of SCHIP is such a bad idea, even the normally big spending President Bush vetoed the bill. I wrote a piece titled, “Abandon SCHIP: Big Government Returns,” which is now available on the Acton Website. The political posturing concerning the program has reached a troubling level. Supporters are using using kids as props to usher in socialized medicine and government expansion. But one of the main problems with the bill is the regressive characteristic of the...
Pentecostalism, Poverty, and the Global South
Related to last week’s post about Reformed education and Pentecostalism, I point you to this post by Rod Dreher, who discusses his interview with Josiah Idowu-Fearon, the Anglican Archbishop of Kaduna state in Nigeria. Dreher relates the following: Pentecostalism is growing like wildfire, but there’s less to it than you might think. He said that in many cases, people are drawn to the emotional experience, and can tell you exactly when they gave their life to Jesus — but can’t...
‘Call of the Philanthropist’
The new issue of Philanthropy Magazine features a cover story on Frank Hanna, vice chairman of the Acton Institute board of directors, and winner of the 2007 William E. Simon Prize for Philanthropic Leadership. The story is titled “Call of the Philanthropist,” a play on Acton’s Call of the Entrepreneur documentary, which features Hanna prominently. The lengthy profile by Christopher Levenick offers insights into Hanna’s philanthropic activities and his philosophy of giving. Rev. Robert Sirico is quoted extensively, as are...
C.S. Lewis vs. Sigmund Freud
Awhile back, I finished reading Armand Nicholi’s book, The Question of God: C.S. Lewis and Sigmund Freud debate God, Love, Sex, and the Meaning of Life. Dr. Nicholi is an associate professor of psychiatry at Harvard and has taught a seminar on Freud & Lewis at Harvard for the past 35 years. The course eventually led to this book and a PBS series by the same name. The book is an interesting read for anyone modestly interested in one or...
Positive Freedom and Paternal Government
A quote from T. H. Green, refuting the view that the law’s “only business is to prevent interference with the liberty of the individual,” construed as doing what you like as long as it does not infringe on others’ rights to do what they want. Green writes: The true ground of objection to ‘paternal government’ is not that it violates the ‘laissez faire’ principle and conceives that its office is to make people good, to promote morality, but that it...
Journal of Markets & Morality, Volume 10, Issue 1
This issue of the Journal of Markets & Morality features a scholia translation of Cardinal Cajetan’s (1469-1534) influential treatise On Exchanging Money (1499). Cajetan is the author of the officially mentaries on the Summa of Thomas Aquinas, which are easily available in the magnificent Leonine edition of this magnum opus. He is even more famous as the papal legate whom Leo X (1513-1521) dispatched to Germany in a futile effort to bring Martin Luther back into the Roman fold. Economic...
Clarence Thomas Interviews
You are probably aware by now that Supreme Court Justice Clarence Thomas has published a memoir. The interview-avoiding judge has lately been giving, as Kathryn Jean Lopez puts it, “a lifetime of interviews.” Given the controversy surrounding his public life since his nomination to the Court, not much remains to be said about him, good or bad, that has not already been said. Suffice it to say that I draw attention to him now because: 1) My own view is...
Mugabe: Rotten from the Start
An interesting article in the Los Angeles Times detailing how badly wrong Robert Mugabe’s supporters in the West have been from the very beginning (requires “free” registration; may I suggest BugMeNot?): From the beginning of his political career, Mugabe was not just a Marxist but one who repeatedly made clear his intention to run Zimbabwe as an authoritarian, one-party state. Characteristic of this historical revisionism is former Newsweek southern Africa correspondent Joshua Hammer, writing recently in the liberal Washington Monthly...
Fair Trade’s Faded Facade
The Free Exchange blog at (HT) concludes a long and thoughtful post on fair trade, specifically in response to this recent NYT article, “Fair Trade in Bloom,” by wondering: And how does this affect coffee supply? If a premium is available for fair-trade coffee, shouldn’t other growers enter the market to take advantage of it until the price of coffee is bid down to market levels, leaving total producer take–baseline coffee price plus premium–where it stood before? Such a scenario...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved