April 2010 Vol. 108 No. 6 THE REVIEW

Nudge, Choice Architecture, and Libertarian Paternalism

Pierre Schlag

Nudge: Improving Decisions About Health, Wealth and Happiness. By Richard H. Thaler & Cass R. Sunstein. New Haven and London: Yale University Press. 2008. Pp. x, 282. $26.

In Nudge, Cass Sunstein and Richard Thaler describe how public and private institutions can improve on individual choices by nudging individuals into making selections that are right for them. Rejecting the Econ-101 caricature of the rational utility maximizer as inaccurate, Sunstein and Thaler apply the insights of behavioral economics to show how institutions can improve the delivery of services. Moving beyond attempts to remedy individual cognitive errors, Sunstein and Thaler also argue for "libertarian paternalism"-which they herald as the "Third Way". This Review assesses their claims critically, finding their development of "nudge" and "choice architecture" to be welcome additions to public-policy analysis, but ultimately concluding that "libertarian paternalism" is a politically impoverished vision.

   //  VIEW PDF
& Other Current Events

Writing Competition Panel Audio Recording

On Tuesday, April 4, members of the Michigan Law Review discussed the 2012 writing competition and the...

Agency and Equity: Why Do We Blame Clients for Their Lawyers' Mistakes?

If you were to ask a child whether it would be fair to execute a prisoner because his lawyer had made...

How United States v. Jones Can Restore Our Faith in the Fourth Amendment

United States v. Jones, issued in January of this year, is a landmark case that has the potential to restore...

Who's Bringing the Children?: Expanding the Family Exemption for Child Smuggling Offenses

Under immigration law, an alien smuggling offense takes place when one knowingly encourages, induces,...

How the Gun-Free School Zones Act Saved the Individual Mandate

  For all the drama surrounding the Commerce Clause challenge to the individual mandate provision...
MAILING LIST
Sign Up to Join Our Mailing List