How should anti-paternalists deal with policies that seem to be simultaneously reasonable and paternalistic? In the literature, anti-paternalists have sought to show that many policies that prevent people from harming themselves can be justified without appeal to the good accruing to the people interfered with; that is, without appeal to paternalistic reasons. However, while perhaps identifying sufficient non-paternalistic reasons for supporting these policies under realistic circumstances, anti-paternalists often fail, I argue, to identify satisfactory reasons that adequately reflect our underlying concerns pertaining to such policies. Included in those concerns are arguably the interests and well-being of the people whose choices are restricted by the policy in question. In this way, this article reveals that the strategy of reconciling anti-paternalism with seemingly paternalistic policies is beset by serious problems.
The article addresses the question of how sufficiency for the imprudent may be ensured. Imprudent conduct includes both spectacular acts such as jumping from heights into water, and everyday acts and omissions such as neglecting to fasten one’s seat-belt. We argue that to avoid thoroughly bad or insufficient situations, one must pay attention to an important and often neglected concern of avoiding insouciance. The latter tells us not to stand idly by when people are about to act in ways that may irrevocably land them in insufficient situations. The policies and actions needed to avoid insouciance are most plausibly justified on paternalistic grounds; in fact, they cannot be justified nonpaternalistically. Although controversial, we argue that paternalistic interventions are often justifiable in the service of preserving sufficiency.
A common objection to paternalism concerns its expressive content. Many reject paternalistic policies and actions on the ground that they arguably involve insulting expressions of disrespect toward those subjected to them. The paper challenges this view. It argues that refraining from acting paternalistically can be disrespectful. Specifically, the paper argues that there is a relevant way in which A disregards the moral worth of B if A stands idly by when B is about to act very imprudently. If true, treating others with equal respect and concern, as relational egalitarians and others rightly ask us to do, will somewhat surprisingly sometimes involve treating them paternalistically.
In defense of nudging policies, proponents have pointed out that choice architecture is inevitable. However, critics have objected that shaping people’s choices in an intentional way is not inevitable and involves an objectionable substitution of judgment, with the choice architect imposing his will on others. Accordingly, the inevitability of choice architecture in general does not provide reason to accept intentional nudges. In contrast to this view, the paper argues that precisely because the choice architects will unavoidably contribute to people’s choices, it is permissible for them to consider the content of the choices that their choice architecture promotes. Specifically, I argue that it is often within choice architects’, including states’, own legitimate sphere of control whether they want to contribute to other people’s behaviors through their organization of the choice architecture. It is argued that such intentional choice architecture does not involve objectionable substitution of judgment.
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