Introducing Libertarian Paternalism
The original academic paper by Sunstein, “Libertarian Paternalism is Not an Oxymoron”, can be found at this link. It is a bit of a lengthy read, and like most law academic papers, it contains a billion footnotes that commoners like me deem rather unnecessary. Enjoy.
Decision-Making: Fallacies, Biases, Heuristics
Wikipedia provides a good summary of potential biases and fallacies that the human mind can impose upon the supposedly “rational” decision-making process (adapted from the book “Nudge” by Thaler & Sunstein):
Two systems of thought
The book describes two systems that characterize human thought. Sunstein and Thaler refer to these as the “Reflective System” and the “Automatic System”.[7] The Automatic System is “rapid and is or feels instinctive, and it does not involve what we usually associate with the word thinking”.[8] Instances of the Automatic System at work include smiling upon seeing a puppy, getting nervous while experiencing air turbulence, and ducking when a ball is thrown at you.
The other system of thought is the Reflective System. This system is deliberate and self-conscious. It is the one at work when people decide which college to attend, where to go on trips, and (under most circumstances) whether or not to get married.[9]
Fallacies and biases
Because of these differences and conflicts between these systems, people are often subject to making mistakes that are the result of widely occurring biases, heuristics, and fallacies.
These include:
Anchoring: a cognitive bias wherein one relies too heavily on one trait or piece of information. An example would be a resident of Chicago who is asked to guess the population of Milwaukee. Knowing that Milwaukee is a major city, but certainly not as large as Chicago, the person would take the population of Chicago (roughly 3 million) and divide it by, say, three (arriving at one million). A resident of Green Bay (which has a population of around 100,000) might know that Milwaukee is larger than Green Bay, and triple the population of their home city to arrive at a guess (of 300,000). The difference in guesses of people because of their geographical location is an instance of anchoring. The real population of Milwaukee is about 580,000.
Availability heuristic: when people predict the frequency of an event based on how easily an example can be brought to mind. The authors state that this could help explain why people think that homicides occur more than suicides, as examples of homicides are more readily available. The availability heuristic can have negative effects in business and politics, because people will overstate risks, resulting in people purchasing unnecessary insurance, or governments pursuing social goals at the expense of other more fruitful ones.[10]
Representativeness heuristic: where people judge the probability or frequency of a hypothesis by considering how much the hypothesis resembles available data. An example would be perceiving meaningful patterns in information that is in fact random. These include false accounts of “cancer clusters” and the common belief in basketball that players can get “hot”. Due to the number of shots taken, players are bound to have times when they score many shots in a row, but basketball fans wrongly believe that a player that has just made a series of shots is more likely to make their next shot.[11]
Status quo bias: this is when people are very likely to continue a course of action since it has been traditionally the one pursued, even though this course of action may clearly not be in their best interest. An example of the status-quo bias at work would be when magazine companies offer trials of their magazines for free, but then, after the trial has ended, continue to send magazines and charge the customer until he or she actively ends the subscription. This leads to many people receiving and paying for magazines they do not read.[12]
Herd mentality: people are heavily influenced by the actions of others. Sunstein and Thaler cite a famous study by Solomon Asch where people, due to peer pressure, answer certain questions in a way that was clearly false (such as saying that two lines are the same length, when they clearly are not).Because human beings are subject to these various errors and flawed thinking patterns, and human beings in government bureaucracy are not, Sunstein and Thaler endorse libertarian paternalism.
Some Examples of Libertarian Paternalism As Applied to Public Health
(Can you think up some of your own?)
(a) Arranging healthy foods to be presented before unhealthy ones in the cafeteria line: irrational individuals are more likely to choose the ones they see first (healthy), but this does not deprive rational individuals from getting the unhealthy foods.
(b) Keeping cigarettes behind the sales counter on a shelf: irrational individuals are more likely to be deterred by the extra effort of asking the sales person for cigarettes, but this does not deprive rational individuals from purchasing them should they so desire.
(c )Having water as the default drink in combination meals at fast food restaurants: irrational individuals are more likely to be deterred by the extra effort involved in exchanging this water for soda, whereas rational individuals will still be able to decide and pick alternative options.
(d) Having gym membership included as a part of employee benefit plan: the employees must pay a reduced annual membership fee that is automatically deducted from their salary—irrational individuals are more likely to go ahead and use these services since they already pay for them (wouldn’t have to go out and purchase their own gym memberships), while rational individuals still have the option of opting out and getting their money back.
(e) Automatically scheduling the next dental check-up with a patient at the end of the current visit: irrational patients would pursue the default option and have the next visit set up for them, while rational individuals would still have the option to proactively unscheduled the future visit.