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38 - Libertarian Paternalism Is Not an Oxymoron

Published online by Cambridge University Press:  05 June 2012

Cass R. Sunstein
Affiliation:
Karl N. Llewellyn Distinguished Service Professor of Jurisprudence, Law School and the Department of Political Science, University of Chicago
Richard H. Thaler
Affiliation:
Robert P. Gwinn Distinguished Service Professor of Behavioral Science and Economics, Graduate School of Business, University of Chicago
Sarah Lichtenstein
Affiliation:
Decision Research. Oregon
Paul Slovic
Affiliation:
Decision Research, Oregon
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Summary

Consider two studies of savings behavior:

  • Hoping to increase savings by workers, several employers have adopted a simple strategy. Instead of asking workers to elect to participate in a 401(k) plan, workers will be assumed to want to participate in such a plan, and hence they will be enrolled automatically unless they specifically choose otherwise. This simple change in the default rule has produced dramatic increases in enrollment (Choi, Laibson, Madrian, & Metrick, 2002; Madrian & Shea, 2001).

  • Rather than changing the default rule, some employers have provided their employees with a novel option: Allocate a portion of future wage increases to savings. Employees who choose this plan are free to opt out at any time. A large number of employees have agreed to try the plan, and only a few have opted out. The result has been significant increases in savings rates (Thaler & Benartzi, 2004).

Libertarians embrace freedom of choice, and so they deplore paternalism. Paternalists are thought to be skeptical of unfettered freedom of choice and to deplore libertarianism. According to the conventional wisdom, libertarians cannot possibly embrace paternalism, and paternalists abhor libertarianism. The idea of libertarian paternalism seems to be a contradiction in terms.

Generalizing from the two studies just described, we propose a form of paternalism, libertarian in spirit, that should be acceptable to those who are firmly committed to freedom of choice on grounds of either autonomy or welfare.

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Publisher: Cambridge University Press
Print publication year: 2006

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  • Libertarian Paternalism Is Not an Oxymoron
    • By Cass R. Sunstein, Karl N. Llewellyn Distinguished Service Professor of Jurisprudence, Law School and the Department of Political Science, University of Chicago, Richard H. Thaler, Robert P. Gwinn Distinguished Service Professor of Behavioral Science and Economics, Graduate School of Business, University of Chicago
  • Edited by Sarah Lichtenstein, Paul Slovic
  • Book: The Construction of Preference
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511618031.039
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  • Libertarian Paternalism Is Not an Oxymoron
    • By Cass R. Sunstein, Karl N. Llewellyn Distinguished Service Professor of Jurisprudence, Law School and the Department of Political Science, University of Chicago, Richard H. Thaler, Robert P. Gwinn Distinguished Service Professor of Behavioral Science and Economics, Graduate School of Business, University of Chicago
  • Edited by Sarah Lichtenstein, Paul Slovic
  • Book: The Construction of Preference
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511618031.039
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Libertarian Paternalism Is Not an Oxymoron
    • By Cass R. Sunstein, Karl N. Llewellyn Distinguished Service Professor of Jurisprudence, Law School and the Department of Political Science, University of Chicago, Richard H. Thaler, Robert P. Gwinn Distinguished Service Professor of Behavioral Science and Economics, Graduate School of Business, University of Chicago
  • Edited by Sarah Lichtenstein, Paul Slovic
  • Book: The Construction of Preference
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511618031.039
Available formats
×