The Problem With Nudges: Paternalism, Autonomy, and Transparency

Authors

  • Francesco Ferraro University of Milan, “Cesare Beccaria” Department of Legal Sciences, Section of Philosophy and Sociology of Law, Via Festa del Perdono 7, Milan, Italy

Keywords:

Nudging; Autonomy; Means Paternalism; Libertarian Paternalism; Perfectionism

Abstract

Nudging as a tool of public policies has often been criticized on account of two assumptions: 1) it is more dangerous than traditional command & control regulation for human dignity and autonomy; 2) when it is justified on paternalistic grounds, it is even more problematic than in its non-paternalistic applications. This paper seeks to challenge both assumptions, by showing that the main problem with nudging is one of transparency, but this can be obtained without impairing its effectiveness; moreover, paternalistic nudging is means paternalism, not ends paternalism, which means that it is not a form of perfectionism superimposed on the people’s individual ends.

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Published

01-09-2021