Whether they’re banning bake sales, federalizing school lunch menus, or criminalizing Big Gulps, the nanny-staters feel they have some special wisdom that gives them the right to tell other people how to live their lives.
This irks libertarians since we value human liberty, even if it means people sometimes make foolish choices. But so long as you’re not interfering with someone else’s rights, we don’t think government should dictate your private behavior.
Parternalists obviously disagree. For a very reasonable explanation of this mindset, here’s some of Cass Sunstein’s work, as excerpted by The New Republic.
What seems to unify paternalistic approaches, however diverse, is that government does not believe that people’s choices will promote their welfare, and it is taking steps to influence or alter people’s choices for their own good.
In other words, people are sometimes dumb and the government at the very least needs to nudge them in the right direction.
Sunstein outlines the objections to this approach, largely focusing on the fact that the market process will discourage bad behaviors.
To the committed antipaternalist, government should not short-circuit the valuable process of learning by doing. If people make mistakes about diets, drinks, love, or investments, they can obtain valuable lessons, and those lessons can make their lives a lot better. …In a market economy, companies compete with one another, and people are free to choose among a wide range of options. If a car has terrible fuel economy, and if it costs a lot of money to operate, fewer people will buy it. As a result, companies will produce more fuel-efficient cars. Some consumers may be fooled or tricked, but in the long run, free competition and open markets will help. On this view, paternalism presents a major risk, because it may freeze the process of competition.
Not surprisingly, Sunstein argues that the market process is sometimes inadequate.
…even if we are inclined to think that individuals are generally the best judges of how to make their own lives go well, the word generally is important. With that qualification, we can see that the objections to paternalism depend on some empirical judgments. …The relationship between freedom of choice and welfare is being tested, with complex results. Sometimes people’s means do not promote their own ends. Behavioral economists have identified a number of reasons that people’s choices do not always promote their welfare. …sometimes we fail to take steps that really are in our interest. Human beings often procrastinate, and the long-term may not be so salient to us. We can be tempted by emotional appeals. Sometimes we do not take steps that would make our lives go a lot better. If welfare is our guide, means paternalism might be required, not forbidden.
To be fair, Sunstein recognizes that many antipaternalists are motivated by freedom, not some abstract measure of human welfare.
Suppose that we are not so focused on welfare and that we believe that freedom of choice has a special and independent status. We might think that people have a right to choose, even if their choices cause harm, and that government cannot legitimately intrude on that right, even if it does in fact know best. …Many of the most deeply felt objections to paternalism are based on an intuition or judgment of this kind. They often take the form of a question: By what right can government legitimately interfere with the choices of free adults?
This passage captures my view.
I actually agree with paternalists in that there are lots of people who make bad choices. I think a major problem is that these people over-value the positive feelings they get from “bad” behaviors today and under-value the harm that those behaviors will cause in the future.
At the risk of making a sweeping judgement, I even think the biggest barrier to upward mobility is that some people don’t have a properly developed sense of deferred gratification.
So I think paternalists often are right, but I disagree with the notion that government should coerce people and impose “good” choices. Simply stated, freedom and liberty matter to me.
To butcher a very important quote, “I may disagree with your decision to smoke cigarettes and guzzle 32 oz. sodas, but I will defend to the death your right to do so.”
Actually, to be perfectly honest, I won’t defend to the death your right to be foolish. But I’ll surely write a snarky blog post.
Let’s close by acknowledging there are some gray areas. What about the idea that government can “nudge” us to make better choices? A classic example is a government rule to automatically sign new workers up for things such as 401(k) plans, but then give them the ability to opt out.
I don’t want government to interfere with private employment contracts, but that type of policy is obviously not nearly as objectionable as banning Big Gulps.
And you can come up with other proposals that might even pass muster with rabid libertarians. If a high school has a consumer finance class that teaches people about compounding and present value, that presumably will nudge them to be more pro-saving.
Is there anything wrong with that? Probably not, though we hard-core libertarians would argue that such lessons presumably would be part of the market-based education system.
In other words, there’s a reason why our answer to just about every question is “less government.” Not only is that a good philosophy, it’s also the way of getting the best results.
P.S. If Sunstein’s name sounds familiar, it may be because I have criticized him for endorsing more redistribution based on FDR’s awful Economic Bill of Rights.
On the other hand, I have favorably cited his research to show that too much regulation can cause needles deaths.
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