Choosing not to choose.

IF 1.8 2区 社会学 Q1 LAW Duke Law Journal Pub Date : 2014-10-01
Cass R Sunstein
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Abstract

Choice can be an extraordinary benefit or an immense burden. In some contexts, people choose not to choose, or would do so if they were asked. In part because of limitations of "bandwidth," and in part because of awareness of their own lack of information and potential biases, people sometimes want other people to choose for them. For example, many people prefer not to make choices about their health or retirement plans; they want to delegate those choices to a private or public institution that they trust (and may well be willing to pay a considerable amount to those who are willing to accept such delegations). This point suggests that however well accepted, the line between active choosing and paternalism is often illusory. When private or public institutions override people's desire not to choose and insist on active choosing, they may well be behaving paternalistically, through a form of choice-requiring paternalism. Active choosing can be seen as a form of libertarian paternalism, and a frequently attractive one, if people are permitted to opt out of choosing in favor of a default (and in that sense permitted not to choose); it is a form of nonlibertarian paternalism insofar as people are required to choose. For both ordinary people and private or public institutions, the ultimate judgment in favor of active choosing, or in favor of choosing not to choose, depends largely on the costs of decisions and the costs of errors.

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选择不去选择。
选择可以带来非凡的好处,也可以带来巨大的负担。在某些情况下,人们选择不选择,或者如果被要求选择,他们会选择。部分由于“带宽”的限制,部分由于意识到自己缺乏信息和潜在的偏见,人们有时希望别人为他们做出选择。例如,许多人不喜欢对他们的健康或退休计划做出选择;他们希望将这些选择委托给他们信任的私人或公共机构(并且很可能愿意向那些愿意接受这种委托的人支付相当大的金额)。这一点表明,无论人们如何接受,主动选择和家长作风之间的界限往往是虚幻的。当私人或公共机构无视人们不选择的愿望,坚持主动选择时,他们很可能表现出家长式的行为,通过一种要求选择的家长式作风。主动选择可以被看作是自由意志主义家长作风的一种形式,如果人们被允许选择不选择而选择默认(从这个意义上说,被允许不选择),那么主动选择通常是有吸引力的;就要求人们做出选择而言,这是一种非自由意志主义的家长式作风。对于普通人和私人或公共机构来说,最终的判断是支持积极选择,还是支持选择不选择,在很大程度上取决于决策的成本和错误的成本。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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来源期刊
CiteScore
1.90
自引率
0.00%
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0
期刊介绍: The first issue of what was to become the Duke Law Journal was published in March 1951 as the Duke Bar Journal. Created to provide a medium for student expression, the Duke Bar Journal consisted entirely of student-written and student-edited work until 1953, when it began publishing faculty contributions. To reflect the inclusion of faculty scholarship, the Duke Bar Journal became the Duke Law Journal in 1957. In 1969, the Journal published its inaugural Administrative Law Symposium issue, a tradition that continues today. Volume 1 of the Duke Bar Journal spanned two issues and 259 pages. In 1959, the Journal grew to four issues and 649 pages, growing again in 1970 to six issues and 1263 pages. Today, the Duke Law Journal publishes eight issues per volume. Our staff is committed to the purpose set forth in our constitution: to publish legal writing of superior quality. We seek to publish a collection of outstanding scholarship from established legal writers, up-and-coming authors, and our own student editors.
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