Tools for Public Health Policy: Nudges and Boosts as Active Support of the Law in Special Situations such as the COVID-19 Pandemic

Abstract

In recent years, “nudging” has become a standard behavioral intervention at the individual level and for thedesign of social policies. Although nudges are effective, such interventions seem to be limited to a given spaceand time, and there is only scant evidence to support the contrary view. On the other hand, choice architects mayutilize another type of intervention called “boosting,” which shows the promise of generalized and lastingbehavioral change. The government can use these tools to shape public policy. Behavioral interventions such aspolicy-making tools have their boundaries, as does the law. We argue that nudging and boosting may serve asactive aids in support of the legal system under certain circumstances. Nudging and boosting can also supportthe legal system especially in relation to emerging social issues or events that are unprecedented, such as therecent COVID-19 pandemic, where certain behavioral patterns are expected, but it would be hard or impossibleto enforce them through the law alone.