Our goal in this chapter is to draw on empirical work about preference formation and welfare to propose a distinctive form of paternalism, libertarian in spirit, one that should be acceptable to those who are firmly committed to freedom of choice on grounds of either autonomy or welfare. Indeed, we urge that a kind of ‘libertarian paternalism’ provides a basis for both understanding and rethinking many social practices, including those that deal with worker welfare, consumer protection, and the family.

Our goal in this chapter is to draw on empirical work about preference formation and welfare to propose a distinctive form of paternalism, libertarian in spirit, one that should be acceptable to those who are firmly committed to freedom of choice on grounds of either autonomy or welfare. Indeed, we urge that a kind of ‘libertarian paternalism’ provides a basis for both understanding and rethinking many social practices, including those that deal with worker welfare, consumer protection, and the family.

Suppose that we agree that for questions of justice in a pluralistic society, we need a public standard of welfare. An appropriate public standard of welfare will have to meet the following two requirements. First, its conception of each person's welfare should, to the greatest reasonable extent, be something that each person can recognise as encompassing the things she wants for herself and as giving these things weights that reflect the relative importance she gives to them. Second, it should be sensitive to the fact that reasonable people hold conflicting conceptions of what constitutes an individual's welfare. It should therefore, to the greatest reasonable extent, respect neutrality of judgement by refraining from endorsing any particular conception of welfare as superior to any other.

Suppose that we agree that for questions of justice in a pluralistic society, we need a public standard of welfare. An appropriate public standard of welfare will have to meet the following two requirements. First, its conception of each person’s welfare should, to the greatest reasonable extent, be something that each person can recognise as encompassing the things she wants for herself and as giving these things weights that reflect the relative importance she gives to them. Second, it should be sensitive to the fact that reasonable people hold conflicting conceptions of what constitutes an individual’s welfare. It should therefore, to the greatest reasonable extent, respect neutrality of judgement by refraining from endorsing any particular conception of welfare as superior to any other.