Home
/
RELIGION & LIBERTY ONLINE
/
Should we be nudged toward libertarian paternalism?
Should we be nudged toward libertarian paternalism?
Mar 11, 2026 12:37 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
Combatting Textbook Tyranny
In addition to my post in late November about the textbook bubble (spurred by this post from AEI’s Mark Perry), the Atlantic‘s Jordan Weissmann joins the discussion, asking, “Why Are College Textbooks So Absurdly Expensive?” (also the title of his article). It is a good question, and one that highlights the danger of disconnecting the determination of prices from the subjective valuing of consumer demand. There is petition, no free market, where students are required to buy only certain books...
Evaluating the Emancipation Proclamation
One hundred and fifty years have passed since President Abraham Lincoln issues one of the most extraordinary proclamations in our nation’s history. The Emancipation Proclamation declared: That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free; and the...
Ten States Further Crippling Workers in 2013
The Pew Center on the States is reporting that ten states voted to raise the minimum wage for workers in 2013. Teens and low-skilled workers should be protesting in response. According to the report, Nine states will adjust the wages to modate the rising costs of living, as required by state laws, while Rhode Island will implement a law signed by the governor in June that raises its minimum wage to $7.75 per hour. The wage hikes range between 10...
Preview: R&L Interviews Angola Warden Burl Cain
In the next issue of Religion & Liberty, we are featuring an interview with Warden Burl Cain of the Louisiana State Penitentiary. In September of 2012, I made a trip down to Angola, La. to tour the prison and interview the warden. I authored mentary in October that touched on some of my experiences visiting the inmates and prison staff. Cain is the longest serving warden in the history of the penitentiary, a position he has held since 1995. The...
Changing the Culture of a City
Julius Medenblik, the president of Calvin Theological Seminary, passes along an anecdote from Michael Lewis’ new book, Boomerang: Travels in the New World. Read the whole selection for the entire context. It is worth it. But I wanted to highlight the upshot in particular, the answer to the question, “How do you change the culture of an entire city?” The answer? “First of all we look internally.” You change the culture by starting with yourself, from the ground up. You...
New on AU Online: Marketplace Theology
What is the role of the marketplace in the Kingdom of God and in the redemptive process of God’s mission? Join David Doty, Founder and Executive Director of Eden’s Bridge, for an AU Online lecture series to discuss those questions. The Building a Marketplace Theology course is scheduled to begin Tuesday, January 22, 2013 at 6:00pm EST. David Doty will lead a discussion based largely on the book, Eden’s Bridge: The Marketplace in Creation and Mission, and material developed subsequent...
‘The Most Radical Form of Privatisation’
When Christians are tempted to despair over our seeming inability to make significant cultural changes in America, there is one word that should give us reason to be optimistic: homeschooling. As The Economist notes: Three decades ago home schooling was illegal in 30 states. It was considered a fringe phenomenon, pursued by cranks, and parents who tried it were often persecuted and sometimes jailed. Today it is legal everywhere, and is probably the fastest-growing form of education in America. According...
Human Population and Material Prosperity
Following up a bit on last week’s discussions of population and prosperity, I thought this section (44) from Caritas in Veritate to be a good summary statement of the various dynamics at play: Morally responsible openness to life represents a rich social and economic resource. Populous nations have been able to emerge from poverty thanks not least to the size of their population and the talents of their people. On the other hand, formerly prosperous nations are presently passing through...
Unemployment and Despair in the UK
The BBC News reports that 1 out of 10 young people between the ages of 16 and 25 are struggling to cope with life. The main culprit: despair related to unemployment. The survey of 2,000 teens and young adults was conducted by The Prince’s Trust Youth Index. The mentators seem surprised that education and training opportunities alone are not enough to provide hope for unemployed young people. Young people rightly want to know why they are training for jobs that...
In Defense of Starbucks: Setting Businesses Free to Be Culture Makers
In an effort to foster goodwill amid fiscal cliff negotiations, Starbucks aimed to send a message to Congress by instructing its D.C.-area employees to write “Come Together” on every cup of coffee sold. Critiques abound, with this post from Mickey Kaus grabbingmuchof the attention, asking, “Is Starbucks a cult?” From Kaus: “Room for smarm in your latte?”Isn’t there something creepy about Starbucks’ CEO Howard Schultz having [in Politico‘s words] “asked his Washington-area employees to write ‘Come Together’ on each customer...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved