Libertarian Paternalism Is Not an Oxymoron

Authors

  • Cass S. Sunstein University of Chicago
  • Richard H. Thaler University of Chicago

Keywords:

Paternalism, Libertarianism, Behaviorism

Abstract

The idea of libertarian paternalism might seem to be an oxymoron, but it is both possible and desirable for private and public institutions to influence behavior while also respecting freedom of choice. Often people’s preferences are unclear and ill-formed, and their choices will inevitably be influenced by default rules, framing effects, and starting points. In these circumstances, a form of paternalism cannot be avoided. Equipped with an understanding of behavioral findings of bounded rationality and bounded self-control, libertarian paternalists should attempt to steer people’s choices in welfare-promoting directions without eliminating freedom of choice. It is also possible to show how a libertarian paternalist might select among the possible options and to assess how much choice to offer. Examples are given from many areas, including savings behavior, labor law, and consumer protection.

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Author Biographies

Cass S. Sunstein, University of Chicago

Karl N. Llewellyn Distinguished Service Professor, Law School and Department of Political Science, The University of Chicago

Richard H. Thaler, University of Chicago

Robert P. Gwinn Professor of Economics and Behavioral Science, The University of Chicago Graduate School of Business.

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Published

2015-12-21

How to Cite

SUNSTEIN, Cass S.; THALER, Richard H. Libertarian Paternalism Is Not an Oxymoron. civilistica.com: revista eletrônica de direito civil, Rio de Janeiro, v. 4, n. 2, p. 1–43, 2015. Disponível em: https://civilistica.emnuvens.com.br/redc/article/view/600. Acesso em: 3 jun. 2025.

Issue

Section

Foreign doctrine

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