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

Rethinking Reporter's Privilege

Forty years ago, in Branzburg v. Hayes, the Supreme Court made its first and only inquiry into...

Standing's Expected Value

This Article argues in favor of standing based on expected value of harm. Standing doctrine has been...

Counsel's Control over the Presentation of Mitigating Evidence During Capital Sentencing

The Sixth Amendment gives a defendant the right to control his defense and the right to a lawyer's...

Law-Enforcement Officers and Self-Help Repossession: A State-Action Approach

Repossession of secured collateral is a fundamental component of the consumer credit industry. The...

Doing Affirmative Action

Sometime this year the Supreme Court will announce its holding in Fisher v. University of Texas at Austin, a...
MAILING LIST
Sign Up to Join Our Mailing List