“What Route Would You Like Me To Take?” Paternalists Who Force Choices

Cass R. Sunstein ()
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Cass R. Sunstein: Harvard University

Chapter Chapter 5 in Human Agency and Behavioral Economics, 2017, pp 87-114 from Palgrave Macmillan

Abstract: Abstract It can be paternalistic to force people to choose. Although many people insist on drawing a bright line between active choosingActive choosing and paternalism, that line is often illusory. Calling for active choosing is a form of libertarianLibertarian paternalism paternalismPaternalism if people are permitted to opt out of choosing in favor of a default (and in that sense not to choose). By contrast, calling for active choosingActive choosing is a form of nonlibertarian paternalismPaternalism insofar as people are actually required to choose. These points have implications for a range of issues in law and policy, suggesting that those who favor active choosing, and insist on it, may well be overriding people’s preferences and thus running afoul of John Stuart Mill’s HarmMill, John Stuart Principle (for better or for worse).

Keywords: Active choosing; Default rules; Control; Paternalism (search for similar items in EconPapers)
Date: 2017
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DOI: 10.1007/978-3-319-55807-3_5

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