I present a brief overview of the paternalistic policies that are currently promoted, and then suggest that one broad area has been overlooked: individuals’ interest in behaving in a way that reflects their moral values. Paternalists want to promote individual welfare, generally construed subjectively: welfare is a function of that person’s own goals. Most paternalists have focused on relatively material goals, including good health and financial success. If we examine the idea of subjective welfare more closely we will see that we have other goals as well: most people have moral values, and moral values that are not purely egoistic. People make mistakes in the pursuit of their moral goals that are in some cases very similar to the mistakes they make in the pursuit of material welfare, and similar interventions are permissible.
{"title":"Moral Paternalism","authors":"Sarah Conly","doi":"10.1561/105.00000096","DOIUrl":"https://doi.org/10.1561/105.00000096","url":null,"abstract":"I present a brief overview of the paternalistic policies that are currently promoted, and then suggest that one broad area has been overlooked: individuals’ interest in behaving in a way that reflects their moral values. Paternalists want to promote individual welfare, generally construed subjectively: welfare is a function of that person’s own goals. Most paternalists have focused on relatively material goals, including good health and financial success. If we examine the idea of subjective welfare more closely we will see that we have other goals as well: most people have moral values, and moral values that are not purely egoistic. People make mistakes in the pursuit of their moral goals that are in some cases very similar to the mistakes they make in the pursuit of material welfare, and similar interventions are permissible.","PeriodicalId":43339,"journal":{"name":"Review of Behavioral Economics","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2018-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1561/105.00000096","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46635430","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper offers a sustained critique of behavioral law and economics (BLE) on both a theoretical and practical level. The theoretical discussion fastens on the unwillingness of BLE take into account how the standard biological account of inclusive fitness helps explain key elements of human behavior in family and other nonmarket settings—an omission that it shares with much of traditional rational choice theory. The practical level disputes the central claims of libertarian paternalism. First, the theory is not libertarian—for at no point does it indicate areas where deregulation is appropriate, including the antidiscrimination laws in competitive labor markets. Second, its broad definition of paternalism is useless in all real world analysis. These omissions cause BLE to underestimate the extent to which market institutions can correct for various cognitive biases, leading it to systematically overstate the individual and social benefits deriving from either mandatory disclosures or mandatory contributions to both private and public pension plans and social security. The programs perform far worse than private pension plans regulated under classical principles of freedom of contract.
{"title":"The Dangerous Allure of Libertarian\u0000 Paternalism","authors":"R. Epstein","doi":"10.1561/105.00000087","DOIUrl":"https://doi.org/10.1561/105.00000087","url":null,"abstract":"This paper offers a sustained critique of behavioral law and economics (BLE) on both a theoretical and practical level. The theoretical discussion fastens on the unwillingness of BLE take into account how the standard biological account of inclusive fitness helps explain key elements of human behavior in family and other nonmarket settings—an omission that it shares with much of traditional rational choice theory. The practical level disputes the central claims of libertarian paternalism. First, the theory is not libertarian—for at no point does it indicate areas where deregulation is appropriate, including the antidiscrimination laws in competitive labor markets. Second, its broad definition of paternalism is useless in all real world analysis. These omissions cause BLE to underestimate the extent to which market institutions can correct for various cognitive biases, leading it to systematically overstate the individual and social benefits deriving from either mandatory disclosures or mandatory contributions to both private and public pension plans and social security. The programs perform far worse than private pension plans regulated under classical principles of freedom of contract.","PeriodicalId":43339,"journal":{"name":"Review of Behavioral Economics","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2018-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1561/105.00000087","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43430486","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}