Anti-Anti-Anti Paternalism

11 Pages Posted: 11 Jan 2007 Last revised: 14 Nov 2007

See all articles by Claire A. Hill

Claire A. Hill

University of Minnesota Law School

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.

Keywords: paternalism, behavioral law and economics

JEL Classification: K00, I18, D62

Suggested Citation

Hill, Claire Ariane, Anti-Anti-Anti Paternalism. NYU Journal of Law & Liberty, Vol. 2, No. 3, 2007; Minnesota Legal Studies Research Paper No. 07-02. Available at SSRN: https://ssrn.com/abstract=956153

Claire Ariane Hill (Contact Author)

University of Minnesota Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States
612-624-6521 (Phone)

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