Abstract
Choice architecture is heralded as a policy approach that does not coercively reduce freedom of choice. Still we might worry that this approach fails to respect individual choice because it subversively manipulates individuals, thus contravening their personal autonomy. In this article I address two arguments to this effect. First, I deny that choice architecture is necessarily heteronomous. I explain the reasons we have for avoiding heteronomous policy-making and offer a set of four conditions for non-heteronomy. I then provide examples of nudges that meet these conditions. I argue that these policies are capable of respecting and promoting personal autonomy, and show this claim to be true across contrasting conceptions of autonomy. Second, I deny that choice architecture is disrespectful because it is epistemically paternalistic. This critique appears to loom large even against non-heteronomous nudges. However, I argue that while some of these policies may exhibit epistemically paternalistic tendencies, these tendencies do not necessarily undermine personal autonomy. Thus, if we are to find such policies objectionable, we cannot do so on the grounds of respect for autonomy.
Similar content being viewed by others
Notes
In his most recent work on choice architecture, Sunstein (2014b, pp. 34–50) describes these phenomena as ‘behavioural market failures’. He groups these into four distinct sets: 1) present bias, time inconsistency and inter-temporal internalities; 2) saliency and shrouded attributes; 3) unrealistic optimism; and 4) problems with probability and availability.
Here I characterise paternalism as a motivational wrong. This characterisation is contestable. For more on the plausibility of this characterisation and paternalism’s justificatory burden, see Mills 2013b.
For more on the various other ways we might define personal autonomy (and whether it can be characterised in one single way), see Feinberg 1989.
On a strictly Kantian definition, heteronomous motivation is based on an impulse foreign from our reason, including inclinations (Kant 2012, 4:444). As such impulses do not originate from our rational will they prevent us from self-legislation. Further, because such impulses are not necessarily shared by all rational agents, they cannot justify universal categorical imperatives. This Kantian understanding of heteronomy is slightly narrower than the one that motivates my concern. Kantians interpret heteronomy through their interest in the possibility of moral autonomy and universal categorical moral obligations. I am merely concerned with sources of reasons for action that override the capacity for personal autonomy and I adopt the term with this broader usage in mind.
This ensures that when employed paternalistically, nudges are instances of means paternalism rather than ends paternalism (Sunstein 2014b, p. 19).
For an interesting argument concerning how the opt-out clause may combine with the intentions of the choice architect, see Wilkinson 2013, pp. 351–353.
In Rawls’ original expression of his theory, he states that according to the publicity condition: ‘The parties assume that they are choosing principles for a public conception of justice. They suppose that everyone will know about these principles all that he would know if their acceptance were the result of an agreement. Thus the general awareness of their universal acceptance should have desirable effects and support the stability of social cooperation.’ (Rawls 1971, p. 133). Larmore suggests the following interpretation: ‘The point is that just as the validity of a contract does not turn solely on the terms agreed to, but also on the fact of agreement, so justice consists in more than the proper distribution of rights and assets. Principles of justice should also be public, each of us affirming them in light of the fact that others affirm them too…. Equally important is the publicity of its defining principles—that our reason for accepting them turns on others having reason to accept them too.’ (Larmore 2002, p. 370, italics original).
For the claim that consensual nudging respects personal autonomy, see Wilkinson 2013, p. 353.
This invites us to think more closely about the relationship between choice architecture and public reason. Such reflection is sadly outside of the scope of this paper; however two points are worth mentioning here. First, the relationship between choice architecture, publicity and public reason may not be as strong as implied (as our publicity condition could take a non-Rawlsian form). Second, Rawlsians may object to choice architecture as a policy method that fails to treat citizens as free and equal (Rawls 2001, pp. 18–24; 2005, pp. 29–35).
In contrast, framing effects intended to subvert the subject’s will impose an epistemic cost on their behaviour. For more on the implications of this for consent, see Hanna 2011.
For the stronger claim that nudging may be required to respect autonomous choice, see Sunstein 2014a.
References
Ahlstrom-Vij, K. 2013. Epistemic paternalism: A defence. London: Palgrave Macmillan.
Blumenthal, J.A. 2013. A psychological defence of paternalism. In Paternalism: Theory and practice, ed. C. Coons and M. Weber. Cambridge: Cambridge University Press.
Blumenthal-Barby, J.S. 2013. Choice architecture: A mechanism for improving decisions while preserving liberty? In Paternalism: Theory and practice, ed. C. Coons and M. Weber. Cambridge: Cambridge University Press.
Bovens, L. 2009. The ethics of nudge. In Modelling preference change: Perspectives from economics, psychology and philosophy, ed. T. Grüne-Yanoff and S.O. Hansson. Heidelberg: Springer.
Bratman, M. 2003. Autonomy and hierarchy. Social Philosophy and Policy 20(2): 156–176.
Conly, S. 2013. Against autonomy: Justifying coercive paternalism. Cambridge: Cambridge University Press.
Cuypers, S.E. 2000. Autonomy beyond voluntarism: In defence of hierarchy. Canadian Journal of Philosophy 30(2): 225–256.
Dillon, R.S. 1995. Dignity, character and self-respect: Essays on self-respect. London: Routledge.
Dworkin, G. 1988. The theory and practice of autonomy. Cambridge: Cambridge University Press.
Ekstrom, L.W. 1993. A coherence theory of autonomy. Philosophy and Phenomenological Research 53(3): 599–616.
Ekstrom, L.W. 2005a. Alienation, autonomy, and the self. Midwest Studies in Philosophy 39(1): 45–67.
Ekstrom, L.W. 2005b. Autonomy and personal integration. In Personal autonomy, ed. J.S. Taylor. Cambridge: Cambridge University Press.
Ekstrom, L.W. 2010. Ambivalence and authentic agency. Ratio 43(4): 374–392.
Feinberg, J. 1989. Autonomy. In The inner citadel: Essays on individual autonomy, ed. J. Christman. Oxford: Oxford University Press.
Frankfurt, H.G. 1971. Freedom of the will and the concept of a person. Journal of Philosophy 68(1): 5–20.
Frankfurt, H.G. 1982. The importance of what we care about. Synthese 53(2): 257–272.
Frankfurt, H.G. 1998. On the necessity of ideals. In Necessity, volition and love. Cambridge: Cambridge University Press.
Freidman, M. 2003. Autonomy, gender, politics. Oxford: Oxford University Press.
Fricker, E. 2006. Testimony and epistemic autonomy. In The epistemology of testimony, ed. J. Lackey and E. Sosa. Oxford: Oxford University Press.
Garnett, M. 2013. Taking the self out of self-rule. Ethical Theory and Moral Practice 16(1): 21–33.
Garnett, M. 2014. The autonomous life: A pure social view. Australasian Journal of Philosophy 92(1): 143–158.
Glaeser, E.L. 2006. Paternalism and psychology. The University of Chicago Law Review 73(1): 133–156.
Goldman, A.I. 1991. Epistemic paternalism: Communication control in law and society. Journal of Philosophy 88(3): 113–131.
Goodwin, T. 2012. Why we should reject ‘nudge’. Politics 32(2): 85–92.
Grüne-Yanoff, T. 2012. Old wine in new casks: Libertarian paternalism still violates liberal principles. Social Choice and Welfare 38(4): 635–645.
Hanna, J. 2011. Consent and the problem of framing effects. Ethical Theory and Moral Practice 14(5): 517–531.
Hausman, D.M., and B. Welch. 2010. To nudge or not to nudge. Journal of Political Philosophy 18(1): 123–136.
Hill Jr., T.E. 2000. Respect, pluralism, and justice: Kantian perspectives. Oxford: Clarendon.
Jolls, C., and C.R. Sunstein. 2006. Debiasing through law. The Journal of Legal Studies 35(1): 199–242.
Kant, I. 2012. Groundwork of the metaphysics of morals. Cambridge: Cambridge University Press.
Kerstein, S.J. 2013. How to treat persons. Oxford: Oxford University Press.
Larmore, C. 2002. Public reason. In The Cambridge companion to Rawls, ed. S. Freeman. Cambridge: Cambridge University Press.
Mackensie, C., and N. Stoljar. 2000. Relational autonomy: Feminist perspectives on autonomy, agency, and the social self. Oxford: Oxford University Press.
Meyers, D.T. 1989. Self, society and personal choice. New York: Columbia University Press.
Mills, C. 2013a. Why nudges matter: A response to Goodwin. Politics 33(1): 28–36.
Mills, C. 2013b. The problem of paternal motives. Utilitas 25(4): 446–462.
Oshana, M. 2005. Autonomy and self-identity. In Autonomy and the challenges to liberalism, ed. J. Christman and J. Anderson. Cambridge: Cambridge University Press.
Oshana, M. 2006. Personal autonomy in society. Hampshire: Ashgate Publishing.
Oshana, M. 2007. Autonomy and the question of authenticity. Social Theory and Practice 33(3): 411–429.
Pi, D., F. Parisi, and B. Luppi. 2014. Biasing, debiasing, and the law. In The Oxford handbook of behavioral economics and the law, ed. E. Zamir and D. Teichma. Oxford: Oxford University Press.
Rachlinski, J.J. 2003. The uncertain psychological case for paternalism. Northwestern University Law Review 97(3): 1165–1226.
Rawls, J. 1971. A theory of justice. Harvard: Harvard University Press.
Rawls, J. 2001. Justice as fairness: A restatement. Harvard: Harvard University Press.
Rawls, J. 2005. Political liberalism (revised edition). New York: Columbia University Press.
Rebonato, R. 2012. Taking liberties: A critical examination of libertarian paternalism. London: Palgrave Macmillan.
Sunstein, C.R. 2014a. Choosing not to choose. Duke Law Journal 64(1): 1–52.
Sunstein, C.R. 2014b. Why nudge? The politics of libertarian paternalism. Yale: Yale University Press.
Sunstein, C.R. 2014c. The ethics of nudging. Working paper available at doi:10.2139/ssrn.2526341.
Sunstein, C.R., and R.H. Thaler. 2003. Libertarian paternalism is not an oxymoron. University of Chicago Law Review 70(4): 1159–1202.
Thaler, R.H., and C.R. Sunstein. 2008. Nudge: Improving decisions about health, wealth and happiness. London: Penguin.
Trout, J.D. 2005. Paternalism and cognitive bias. Law and Philosophy 24(4): 393–434.
Watson, G. 1975. Free agency. The Journal of Philosophy 72(8): 205–220.
Watson, G. 2004. Volitional necessities. In Agency and answerability: Selected essays. Oxford: Oxford University Press.
White, M.D. 2013. The manipulation of choice: Ethics and libertarian paternalism. London: Palgrave Macmillan.
Wilkinson, T.M. 2013. Nudging and manipulation. Political Studies 61(2): 341–355.
Young, R. 1980. Autonomy and the ‘inner self’. American Philosophical Quarterly 17(1): 35–43.
Zagzebski, L.T. 2012. Epistemic authority: A theory of trust, authority, and autonomy in belief. Oxford: Oxford University Press.
Acknowledgments
I would like to thank the editors and anonymous reviewers for their helpful comments on an earlier draft of this article.
Ethical Statement
This article required no research involving participants and did not receive funding from any non-academic body.
Conflict of Interest
The author declares that they have no conflict of interest.
Author information
Authors and Affiliations
Corresponding author
Rights and permissions
About this article
Cite this article
Mills, C. The Heteronomy of Choice Architecture. Rev.Phil.Psych. 6, 495–509 (2015). https://doi.org/10.1007/s13164-015-0242-7
Published:
Issue Date:
DOI: https://doi.org/10.1007/s13164-015-0242-7