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Anti-Anti-Anti PaternalismClaire A. HillUniversity 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 Abstract: 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, D62 Accepted Paper SeriesDate posted: January 11, 2007 ; Last revised: November 14, 2007Suggested CitationContact Information
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