Claire A. Hill
University of Minnesota, Twin Cities - School of Law
NYU Journal of Law & Liberty, Vol. 2, No. 3, 2007
Minnesota Legal Studies Research Paper No. 07-02
This essay considers, and rejects, arguments for libertarian paternalism based on behavioral law and economics' findings that people sometimes make mistakes and lack self-control. It doesn't follow from the fact that people don't always do 'what they really want' that we can know what they really want and with confidence put in place laws and policies to nudge them in that direction. Still, in part because we don't necessarily do 'what we really want,' there may be sensible reasons to adopt paternalistic policies.
Number of Pages in PDF File: 11
Keywords: paternalism, behavioral law and economics
JEL Classification: K00, I18, D62Accepted Paper Series
Date posted: January 11, 2007 ; Last revised: November 14, 2007
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