In their recently published book Nudge (2008) Richard H. Thaler and Cass R. Sunstein (T&S) defend a position labelled as ‘libertarian paternalism’. Their thinking appeals to both the right and the left of the political spectrum, as evidenced by the bedfellows they keep on either side of the Atlantic. In the US, they have advised Barack Obama, while, in the UK, they were welcomed with open arms by the David Cameron's camp (Chakrabortty 2008). I will consider the following questions. What (...) is Nudge? How is it different from social advertisement? Does Nudge induce genuine preference change? Does Nudge build moral character? Is there a moral difference between the use of Nudge as opposed to subliminal images to reach policy objectives? And what are the moral constraints on Nudge? (shrink)

So‐called nudge policies utilize insights from behavioral science to achieve policy outcomes. Nudge policies try to improve people's decisions by changing the ways options are presented to them, rather than changing the options themselves or incentivizing or coercing people. Nudging has been met with great enthusiasm but also fierce criticism. This paper provides an overview of the debate on the ethics of nudging to date. After outlining arguments in favor of nudging, we first discuss different objections (...) that all revolve around the worry that nudging vitiates personal autonomy. We split up this worry into different dimensions of autonomy, such as freedom of choice, volitional autonomy, rational agency, and freedom as nondomination. We next discuss worries that nudging is manipulative, violates human dignity, and prevents more important structural reform. Throughout, we will present responses that proponents of nudging can muster. On the whole, we conclude that the objections fail to establish that the nudge program as a whole should be rejected. At the same time, they give us important guidance when moving towards an ethical assessment of nudges on a case‐by‐case basis. Towards the end, we provide some possible ways forward in debates around the ethics of nudging. (shrink)

In their recently published book Nudge (2008) Richard H. Thaler and Cass R. Sunstein (T&S) defend a position labelled as ‘libertarian paternalism’. Their thinking appeals to both the right and the left of the political spectrum, as evidenced by the bedfellows they keep on either side of the Atlantic. In the US, they have advised Barack Obama, while, in the UK, they were welcomed with open arms by the David Cameron's camp (Chakrabortty 2008). I will consider the following questions. What (...) is Nudge? How is it different from social advertisement? Does Nudge induce genuine preference change? Does Nudge build moral character? Is there a moral difference between the use of Nudge as opposed to subliminal images to reach policy objectives? And what are the moral constraints on Nudge? (shrink)

_Abstract_: Nudges have proven to be effective tools for steering citizens toward desirable behaviors and make valuable additions to any policy-maker’s toolbox. Disappointingly, however, there are no mechanistic explanations for how nudges work, leaving policy-makers unable to explain what happens when they are implemented. This paper identifies some neglected ethical implications of the resulting citizens lack of awareness of such mechanisms. We first examine mechanistic explanations in relation to citizens’ understanding on how they work. Then, we look at mechanistic explanations (...) in light of the suggestion advanced by some ethicists that nudges be considered ethically acceptable in modern liberal democracies provided the explicit transparency of the nudges employed. _Keywords_: Nudge; Ethics of Nudging; Mechanistic Evidence; In-principle Transparency; Explicit Transparency _Spiegazioni meccanicistiche e l’etica dei _nudges _Riassunto_: I _nudge_ si sono rivelati strumenti di _policy_ efficaci nello "spingere gentilmente" i cittadini verso comportamenti considerati desiderabili. Per questa ragione i nudge sono considerati validi strumenti della cassetta degli attrezzi di un _policymaker_. Tuttavia, è in qualche modo deludente la mancanza di spiegazioni meccanicistiche dei nudge, dalla quale risulta l'incapacità dei _policymaker_ di spiegare quello che succede quando i nudge vengono effettivamente implementati. Questo articolo identifica alcune implicazioni etiche finora trascurate connesse alla inconsapevolezza da parte dei cittadini circa i meccanismi che governano i _nudge_. Da una parte, le nostre considerazioni metteranno in relazione le spiegazioni meccanicistiche con la comprensione dei _nudge_ da parte dei cittadini. Dall'altra parte, metteremo in relazione le spiegazioni meccanicistiche con il concetto di trasparenza esplicita, ossia la richiesta avanzata da alcuni eticisti al fine di considerare i _nudge_ eticamente accettabili nelle moderne democrazie liberali. _Parole chiave_: Nudge; Etica dei nudge; Spiegazioni meccanicistiche; Trasparenza implicita; Trasparenza esplicita. (shrink)

While nudging has garnered plenty of interdisciplinary attention, the ethics of applying it to climate policy has been little discussed. However, not all ethical considerations surrounding nudging are straightforward to apply to climate nudges. In this article, we overview the state of the debate on the ethics of nudging and highlight themes that are either specific to or particularly important for climate nudges. These include: the justification of nudges that are not self-regarding; how to account (...) for climate change denialists; transparency; knowing the right or best behaviours; justice concerns; and whether the efficacy of nudges is sufficient for nudges to be justified as a response to the climate crisis. We conclude that climate nudges raise distinct ethical questions that ought to be considered in developing climate nudges. (shrink)

Volume 19, Issue 10, October 2019, Page W9-W13.

Nudging is considered a promising approach for behavioural change. At the same time, nudging has raised ethical concerns, specifically in relation to the impact of nudges on autonomous choice. A complexity is that in this debate authors may appeal to different understandings or dimensions of autonomy. Clarifying the different conceptualisations of autonomy in ethical debates around nudging would help to advance our understanding of the ethics of nudging. A literature review of these considerations was conducted (...) in order to identify and differentiate between the conceptualisations of autonomy. In 33 articles on the ethics of nudging, we identified 280 autonomy considerations, which we labelled with 790 unique autonomy codes and grouped under 61 unique super-codes. Finally, we formulated three general conceptualisations of autonomy. Freedom of choice refers to the availability of options and the environment in which individuals have to make choices. Agency involves an individual's capacity to deliberate and determine what to choose. Self-constitution relates to someone's identity and self-chosen goals. In the debate about the ethics of nudging, authors refer to different senses of autonomy. Clarifying these conceptualisations contributes to a better understanding of how nudges can undermine or, on the other hand, strengthen autonomy. (shrink)

A guest edited volume of the Journal of Applied Philosophy devoted to topics regarding the ethics of nudges, particularly those that have received little or no treatment up to now. Since the publication of Nudge in 2008, nudges have become widely used tools in policymakers' toolbox. Concurrently, ethicists have discussed which conditions, if any, ensure the fair and ethically legitimate implementation of such untraditional policy techniques. The debates have focused primarily on the alleged intrusiveness of nudges and their lack (...) of factual transparency. The special issue is intended to enrich the debate in the conviction that the clarity of the terms adopted within the debate could be improved and that some relevant ethical perspectives have been left out in assessing the morality of nudges. Specifically, the aims of this special issue are twofold, normative and conceptual. On the one side, we delve into the concepts on which the evaluation of nudging hinges, such as "preferences", "resistibility", and "libertarianism". Since the meanings assigned to such concepts drive our evaluation of nudging, their comprehension is critical. On the other side, the acceptability of nudges has been extensively assessed in the light of ethical theories developed within Western philosophy, and not with alternative but promising ethical frameworks from the Global South. Relatedly, some values implicated in nudging, such as the ethics of nudging vulnerable populations, have been overshadowed by scholars' attention to decisional autonomy. The special issue gives these themes the attention they deserve. (shrink)

[Feel free to email me for a preprint] The combination of philosophy, politics, and economics (PPE) delivers a powerful approach for analysing social and political phenomena, and is an exemplar of productive interdisciplinary integration. Integrating the constituent disciplines is key to the power of an approach like PPE, yet such integration is neither simple nor natural. In this paper, I reflect on the process of designing and convening a PPE course, as a case study for understanding the benefits, challenges, and (...) nature of interdisciplinary integration. This PPE course is an upper-level seminar on the ethics of nudges – which, roughly, are policies that use peoples' heuristics and biases to influence them to act in certain ways, without removing options or significantly changing financial incentives. I first argue that the ethics of nudging is a fruitful site for interdisciplinary integration. I then walk through my course design, showing how specific topics and readings facilitate such integration while overcoming common challenges to it. I also present concrete examples of integrative class activities and assessment. Using this case study, I draw out general lessons and models for how to teach an interdisciplinary course. (shrink)

Governments must determine the legal procedures by which their residents are registered, or can register, as organ donors. Provided that governments recognize that people have a right to determine what happens to their organs after they die, there are four feasible options to choose from: opt-in, opt-out, mandated active choice, and voluntary active choice. We investigate the ethics of these policies' use of nudges to affect organ donor registration rates. We argue that the use of nudges in this context (...) is morally problematic. It is disrespectful of people's autonomy to take advantage of their cognitive biases since doing so involves bypassing, not engaging, their rational capacities. We conclude that while mandated active choice policies are not problem free—they are coercive, after all—voluntary active choice, opt-in, and opt-out policies are potentially less respectful of people's autonomy since their use of nudges could significantly affect people's decision making. (shrink)

Techniques from behavioral economics—nudges—may help physicians increase pediatric vaccine compliance, but critics have objected that nudges can undermine autonomy. Since autonomy is a centrally important value in healthcare decision-making contexts, it counts against pediatric vaccination nudges if they undermine parental autonomy. Advocates for healthcare nudges have resisted the charge that nudges undermine autonomy, and the recent bioethics literature illustrates the current intractability of this debate. This article rejects a principle to which parties on both sides of this debate sometimes seem (...) committed: that nudges are morally permissible only if they are consistent with autonomy. Instead, I argue that, at least in the case of pediatric vaccination, some autonomy-undermining nudges may be morally justified. This is because parental autonomy in pediatric decision-making is not as morally valuable as the autonomy of adult patients, and because the interests of both the vaccinated child and other members of the community can sometimes be weighty enough to justify autonomy-infringing pediatric vaccination nudges. This article concludes with a set of worries about the effect of pediatric vaccination nudges on parent-physician relationships, and it calls on the American Academy of Pediatrics to draw on scientific and bioethics research to develop guidelines for the use of nudges in pediatric practice and, in particular, for the use of pediatric vaccination nudges. (shrink)

In this article, we discuss the role that ‘true preferences’ can and should play in discussions on the possibility and desirability of paternalist nudges. Critics have claimed that such preferences do not exist, cannot be known reliably by third parties, and cannot justify whether and how to nudge people. In this article, we argue that these objections undermine the extent to which philosophers and laypeople can make sense of autonomy and authenticity. We aim to identify what kinds of preferences can (...) plausibly be labelled ‘true’ and how that impacts discussions on the ethics of paternalist nudging. We analyse what ‘true preferences’ can mean, not for Econs, but for Humans, and argue, more specifically, that some of our existing preferences have special status. In addition, we argue that satisfying them is good for individuals and that nudgers should seek to overcome the epistemic challenges of discovering their content. (shrink)

There is growing interest in using non-coercive interventions to promote and protect public health, in particular "health nudges." Behavioral economist Richard Thaler and law scholar Cass Sunstein coined the term nudge to designate influences that steer individuals in a predetermined direction by activating their automatic cognitive processes, while preserving their freedom of choice. Proponents of nudges argue that public and private institutions are entitled to use health-promoting nudges because nudges do not close off any options. Opponents reply that the nudgee (...) has no opportunity to deliberate over her choice. The nudger controls the nudgee, who has no real freedom of choice. -/- In my dissertation, I salvage the concept of nudge from the charge that it merely pays lip service to freedom of choice, offer an alternative account of the moral import of nudges for the evaluation of public health policies, and provide an ethical framework for their justified use. -/- My argument proceeds in four steps. First, I argue that nudging mechanisms often involve some form of incomplete deliberation, and do not always bypass deliberation. Second, I maintain that nudges preserve freedom of choice because they preserve the choice-set and are substantially noncontrolling. I show that the debate over nudges is plagued by confusion between real nudges, which are easily resistible and therefore substantially noncontrolling, and influences that are not easily resistible yet activate the same cognitive mechanisms as nudges. Third, I reject the view that nudges are systematically preferable to more controlling influences, even when they interfere with non-consequential liberties. I show that the principle of the least restrictive alternative often invoked in public health ethics is applied with too wide a scope. Fourth, I argue that paternalism is not central to the ethics of public health nudges. Rather, the substantive problem with nudges is that their overall cumulative effect might weaken our decisional capacities or undermine their proper exercise. This is a reason to limit recourse to certain nudges. I finally show, contra certain Kantians and Millians, that we have no perfect duty to engage or enhance decisional capacities. (shrink)

Commitment devices (CDs) can help people overcome self-control problems to act on their plans and preferences. In these arrangements, people willingly make one of their options worse in order to change their own future behaviour, often by setting aside a sum of money that they will forfeit it if they fail to complete the planned action. Such applications of behavioural science have been used to help people stick to healthier lifestyle choices, overcome addictions and adhere to medication; they are acceptable (...) to many patients and even relatively small sums can be effective. Some authors have objected to the use of nudges in healthcare. Engelen has listed nine potential objections to nudges in relation to means (why nudge rather than persuade?), ends (what action is being promoted?) and agents (who is nudging whom?). These objections are shown to lack force in the context of CDs. Instead, an analysis specific to the ethical issues in CDs is employed. CDs exclude certain groups including so-called ‘naifs’ and risk increasing health inequality. CDs may promote the wrong behaviour and people might legitimately change their minds. Intermediaries might encounter perverse incentives. Approaches to overcoming these problems are described and eight key ethical considerations for those considering implementing CDs in the future are described. Altogether this paper illustrates the advantages of appraising the ethics of behavioural science in medicine on a case-by-case basis. (shrink)

Robots are becoming an increasingly pervasive feature of our personal lives. As a result, there is growing importance placed on examining what constitutes appropriate behavior when they interact with human beings. In this paper, we discuss whether companion robots should be permitted to “nudge” their human users in the direction of being “more ethical”. More specifically, we use Rawlsian principles of justice to illustrate how robots might nurture “socially just” tendencies in their human counterparts. Designing technological artifacts in such a (...) way to influence human behavior is already well-established but merely because the practice is commonplace does not necessarily resolve the ethical issues associated with its implementation. (shrink)

This chapter critically analyses the ethical and political dimensions of supposedly subtle and non-coercive interventions that aim to ‘prevent crime’ through environmental designs making certain public spaces less attractive for specific groups. Examples include benches designed to discourage sleeping (targeted at homeless people), high-pitched noises or classical music played to deter lingering (targeted at youngsters), and specific lighting to prevent aggression (targeted at nightlife). While these interventions may appear less problematic than more traditional exclusionary measures, they raise ethical and political (...) worries that come into view clearly when we analyse them as instances of nudging, on the one hand, and niche construction and affective scaffolding, on the other. Employing this approach reveals how these exclusionary environmental designs not only risk reinforcing problematic stereotypes and social inequalities and discipline rather than prevent crime, they also can alienate specific groups, constitute affective injustices, and inflexibly reduce the diverse purposes public spaces potentially have. The chapter argues that environments are never neutral as they inevitably support and encourage some bodies, behaviours, moods, and emotions while suppressing and discouraging others. (shrink)

Michael Bloomberg's three terms in New York City's mayoral office are coming to a close. His model of governance for public health influenced cities and governments around the world. What should we make of that model? This essay introduces a symposium in which ethicists Sarah Conly, Roger Brownsword and Alex Rajczi discuss that legacy.

A core idea underlying nudging is that it helps individuals to achieve their own goals, yet many nudges actually aim at collective goals or specifically target the benefit of others. An example is nudging healthcare workers to be vaccinated against influenza. I distinguish between self‐regarding nudges, which primarily benefit the nudgee, and other‐regarding nudges, which mainly benefit others, and argue that the default justificatory reason to legitimize self‐regarding nudges, namely the ‘as judged by themselves’ standard, does not apply (...) and that we need to look for other justifications. I examine several possible moral justifications to support strong other‐regarding nudges, namely beneficence, the harm principle and solidarity. (shrink)

In this article we argue that a widespread adoption of nudging can alter legal and political institutions. Debates on nudges thus far have largely revolved around a set of philosophical theories that we call individualistic approaches. Our analysis concerns the ways in which adherents of nudging make use of the newest findings in the behavioral sciences for the purposes of policy-making. We emphasize the fact that most nudges proposed so far are not a part of the legal system (...) and are also non-normative. We propose two ideal types: “law-as-normative” and “law-as-instrumental”, that allow us to understand and evaluate the relation of nudges and the law. We stress the importance of law as a safeguard for the possible negative consequences of nudges and conclude with proposals that could complement nudging policies. (shrink)

In recent years, ‘nudge’ theory has gained increasing attention for the design of population-wide health interventions. The concept of nudge puts a label on efficacious influences that preserve freedom of choice without engaging the influencees’ deliberative capacities. Given disagreements over what it takes genuinely to preserve freedom of choice, the question is whether health influences relying on automatic cognitive processes may preserve freedom of choice in a sufficiently robust sense to be serviceable for the moral evaluation of actions and policies. (...) In this article, I offer an argument to this effect, explicating preservation of freedom of choice in terms of choice-set preservation and noncontrol. I also briefly explore the healthcare contexts in which nudges may have priority over more controlling influences. (shrink)

Nudging refers to the subtle design of the context of choice in a way that mobilises the unconscious mind and alters human behaviour predictably. Nudging has been criticised for entailing numerous practical and ethical problems, including manipulation, elitism and cultural insensitivity. To respond to the problems, participatory and deliberative procedures have been proposed that would enable the questioning of the power relations embedded in behavioural governance. Yet participation and deliberation are themselves characterised by unconscious behavioural influences. I argue (...) that awareness of the prevalence of unconscious behavioural influences in environmental governance is a prerequisite for tackling the complex practical and ethical issues of nudging. I show that unconscious behavioural influences permeate environmental governance and outline analytical approaches for revealing them. (shrink)

Policymakers, employers, insurance companies, researchers, and health care providers have developed an increasing interest in using principles from behavioral economics and psychology to persuade people to change their health-related behaviors, lifestyles, and habits. In this article, we examine how principles from behavioral economics and psychology are being used to nudge people (the public, patients, or health care providers) toward particular decisions or behaviors related to health or health care, and we identify the ethically relevant dimensions that should be considered for (...) the utilization of each principle. (shrink)

Across the health sector there is increased recognition of the ethical significance of interventions that constrain or coerce. Much of the recent interest stems from debates in public health over the use of quarantines and active monitoring in response to epidemics, as well as the manipulation of information in the service of health promotion (or ‘nudges’). But perhaps the area in which these issues remain most pressing is mental health, where the spectre of involuntary treatment has always loomed large. Indeed, (...) there are good reasons to think of psychiatry as ethically exceptional given its broader role as social and legal arbiter. This is compounded by the fact that mental health treatment has other special features that can serve as potential entry points for more subtle forms of pressure and influence. These include the relative cognitive and emotional vulnerability of patients, the highly confidential information involved, and the importance of the therapeutic relationship. Thus the field of mental health needs to grapple with a range of closely related issues concerning the ethics of influence. In this chapter I explore several, with a primary focus on clinical concerns, although implications for research ethics are also touched on. Discussion of treatment pressure has traditionally focused on ‘coercion,’ or, very roughly, the use of threats or force to get someone to do something they otherwise would not. Here I follow suit, beginning with discussion of its conceptual standing alongside other categories of influence, including manipulation and persuasion. As it stands, there is nothing close to a consensus on these matters. But a relatively broad understanding of coercion is available and can be useful for ethical deliberation. Or so I suggest here. Interestingly enough, there is also a growing body of empirical literature on coercion in psychiatry, including research on the use of coercive measures such as hospitalization, physical restraint, and forced medication, as well as the construct of ‘perceived coercion,’ which tracks patients’ experiences of treatment pressure. I briefly describe several key findings and their relation to recent recommendations to reduce coercion. Building on all of this, I then take up the normative questions directly, by way of evaluating a recently proposed framework for the ethical analysis of influence. (shrink)

In recent years, 'nudge units' or 'behavioral insights teams' have been created in the United States, the United Kingdom, Germany, and other nations. All over the world, public officials are using the behavioral sciences to protect the environment, promote employment and economic growth, reduce poverty, and increase national security. In this book, Cass R. Sunstein, the eminent legal scholar and best-selling co-author of Nudge, breaks new ground with a deep yet highly readable investigation into the ethical issues surrounding nudges, choice (...) architecture, and mandates, addressing such issues as welfare, autonomy, self-government, dignity, manipulation, and the constraints and responsibilities of an ethical state. Complementing the ethical discussion, The Ethics of Influence: Government in the Age of Behavioral Science contains a wealth of new data on people's attitudes towards a broad range of nudges, choice architecture, and mandates. (shrink)

A core idea underlying nudging is that it helps individuals to achieve their own goals, yet many nudges actually aim at collective goals or specifically target the benefit of others. An example is nudging healthcare workers to be vaccinated against influenza. I distinguish between self‐regarding nudges, which primarily benefit the nudgee, and other‐regarding nudges, which mainly benefit others, and argue that the default justificatory reason to legitimize self‐regarding nudges, namely the ‘as judged by themselves’ standard, does not apply (...) and that we need to look for other justifications. I examine several possible moral justifications to support strong other‐regarding nudges, namely beneficence, the harm principle and solidarity. (shrink)

Although Saghai primarily focuses on distinguishing nudges from other forms of influence, ‘Salvaging the Concept of Nudge’ offers a definition of nudges that could blunt much of the moral criticism of nudging and clarify debates about specific policies.1 The definition he offers, however, restricts the class of nudges to include only those influences that counter an individual's preferences; thus, contrary to what Thaler and Sunstein say, nudges cannot be instances of libertarian paternalism.1 ,2According to Saghai, ‘A nudges B when (...) A makes it more likely that B will ϕ, primarily by triggering B's shallow cognitive processes, while A's influence preserves B's choice-set and is substantially non-controlling ’. Because the second condition—the substantial non-control condition—is supposed to ensure that nudges preserve freedom in a robust sense, this condition warrants careful attention.According to Saghai, A's influence is substantially non-controlling ‘when B could easily not ϕ if she did not want to ϕ’. To determine whether a particular influence constitutes a nudge, we must ask whether from B's perspective that influence is easily resistible. …. (shrink)

This book critically analyses the role of behavioural sciences in public policy and challenges the belief that they provide sufficient evidence to build policy from. Through highlighting the ethical, political legal questions around nudges, the author examines the impact of their influence on our society.

There is an extensive ethical debate regarding the justifiability of doctors nudging towards healthy behaviour and better health-related choices. One line of argument in favour of nudging is based on empirical findings, according to which a healthy majority among the public support nudges. In this paper, we show, based on an experiment we conducted, that, in health-related choices, people’s ethical attitudes to nudging are strongly affected by the point of view from which the nudge is considered. Significant (...) differences have been found between doctors’ ethical attitude to clinical nudging and that of patients. We show how these differences weaken the argument for nudging from public support. Moreover, our findings raise concerns regarding doctors’ ability to nudge ethically according to their own standards, as they may underestimate the degree of harm medical nudges can cause to informed consent, doctor–patient trust and other important ethically relevant features of health-related choices. (shrink)

In ‘Salvaging the Concept of Nudge’ Yashar Saghai performs an important clarificatory task which certainly advances our philosophical and ethical understanding of nudges in public policy, and in healthcare ethics in particular.1 In this brief commentary I identify some issues which could usefully be taken forward in subsequent discussions.A central difficulty with ethical discussions of nudging is that insufficient care is taken to distinguish two morally important features of nudges. The first, which Saghai very properly concentrates upon, is (...) the mechanism of nudging. Nudges rely on psychological properties of human decision-makers as the way in which their intended effects are brought about. Much of the ethical concern with nudges focuses on just this. Whatever the motive of the nudger, or the objective of the nudge, or the ex ante or ex post ratification of the nudge by the nudge, operating through influence, impulse or non-rational features of the nudgee's decision-making is wrong. The nature of this wrongness can be spelled out in different ways, and which one of these we choose has important implications for the precise ethical argument …. (shrink)

Richard Thaler and Cass Sunstein, in Nudge: Improving Decisions About Health, Wealth, and Happiness, assert that rejecting the use nudges is ‘pointless’ because ‘[i]n many cases, some kind of nudge is inevitable’. Schlomo Cohen makes a similar claim. He asserts that in certain situations surgeons cannot avoid nudging patients either toward or away from consenting to surgical interventions. Cohen concludes that in these situations, nudging patients toward consenting to surgical interventions is uncriticizable or morally permissible. I call this (...) argument: The Unavoidability Argument. In this essay, I will respond to Cohen's use of the unavoidability argument in support of using nudges during the process of informed consent. Specifically, I argue that many so-called ‘unavoidable nudges’ are, in fact, avoidable. Although my argument is directed toward Cohen's use of the unavoidability argument, it is applicable to the unavoidability argument more generally. (shrink)

I warmly thank Richard Ashcroft, Luc Bovens, Gerald Dworkin, Brynn Welch, and Alan Wertheimer for their insightful comments on my article. As I do not have the space to discuss all the questions they raise, I will focus on four concerns that run through my commentators’ responses...

There is understandable concern about policies or practices that impose one person's will on another. These seem to disrespect autonomy. But such concerns suppose that there is something there to r...

Nudges are a way to steer people’s behavior through changes in how choices are presented. Nudge research has been incorporated into public policy in many countries, and nudge research, thus, has the potential to directly influence societies and individuals. As a result, research ethics for nudge research is needed to ensure that nudges developed are not instances of unethical manipulation of people. In this paper, I argue that two types of slippery slopes from ethically fine nudges to ethically problematic (...) ones can take place in nudge research. The conceptual slippery slope follows from (1) the broad way of defining nudges, (2) the multitude of different ways of understanding manipulation of people, (3) many manipulation definitions implying that some nudges are manipulative, and (4) some forms of manipulation of people being prima facie wrong. The empirical slippery slope rests, first, on the possibility of small steps from ethically acceptable to wrong nudges, and second, on the cognitive limits typical to human beings (including nudge researchers). Both slippery slope arguments imply the need to of nudge researchers to create so-called firebreaks. The firebreaks can take the form of ethical justifications. To avoid slippery slopes, certain types of arguments should be excluded from these justifications. (shrink)

The libertarian attribute of Thaler and Sunstein’s nudge theory (Nudge: improving decisions about health, wealth, and happiness. Yale University Press, New Haven, 2008) is one of the most important features for its candidature as a new model for public policy-making. It relies on the reversibility of choices made under the influence of nudging. Since the mind is articulated into two systems, the choice taken by System 1 is always reversible because it can be overridden by the deliberative and corrective (...) role of System 2. This article does not aim to criticise the whole theory of nudge and neither to assess its practical efficacy as a policy-making tool. Rather it intends to show that there are doubts that the specific claim of reversibility is correct for a subset of nudges called “System 1 nudges” (Sunstein in The ethics of influence, Cambridge University Press, Cambridge, 2016). And that therefore, in this case, the libertarian claim seems little justified. The thrust of my argument contests the truth of the main pillar of the libertarian claim, namely the dual-process theory of mind. I will show that even the minimal version of dual reasoning, namely the Type 1 and Type 2 processes proposed by Evans and Stanovich (Perspect Psychol Sci 8(3):223–241, 2013), is weakened by psychological and neural data. (shrink)

Health-promoting nudges have been put into practice by different agents, in different contexts and with different aims. This article formulates a set of criteria that enables a thorough ethical evaluation of such nudges. As such, it bridges the gap between the abstract, theoretical debates among academics and the actual behavioral interventions being implemented in practice. The criteria are derived from arguments against nudges, which allegedly disrespect nudgees, as these would impose values on nudgees and/or violate their rationality and autonomy. Instead (...) of interpreting these objections as knock-down arguments, I take them as expressing legitimate worries that can often be addressed. I analyze six prototypical nudge cases, such as Google’s rearrangement of fridges and the use of defaults in organ donation registration. I show how the ethical criteria listed are satisfied by most—but not all—nudges in most—but not all—circumstances. (shrink)

An under-examined aspect of human–robot interaction that warrants further exploration is whether robots should be permitted to influence a user’s behavior for that person’s own good. Yet an even more controversial practice could be on the horizon, which is allowing a robot to “nudge” a user’s behavior for the good of society. In this article, we examine the feasibility of creating companion robots that would seek to nurture a user’s empathy toward other human beings. As more and more computing devices (...) subtly and overtly influence human behavior, it is important to draw attention to whether it would be ethically appropriate for roboticists to pursue this type of design pathway. Our primary focus is on whether a companion robot could encourage humans to perform charitable acts; this design possibility illustrates the range of socially just actions that a robot could potentially elicit from a user and what the associated ethical concerns may be. (shrink)

Organisations increasingly use digital nudges to influence their workforces’ behaviour without coercion or incentives. This can expose employees to arbitrary domination by infringing on their autonomy through manipulation and indoctrination. Nudges might furthermore give rise to the phenomenon of “organised immaturity.” Adopting a balanced approach between overly optimistic and dystopian standpoints, I propose a framework for determining the moral permissibility of digital nudging in the workplace. In this regard, I argue that not only should organisations provide pre-discursive justification of (...) nudges but they should also ensure that employees can challenge their implementation whenever necessary through legitimation procedures. Building on Rainer Forst’s concept of the right to justification, this article offers a way to combine contract- and deliberation-based theories for addressing questions in business ethics. I further introduce the concept of meta-autonomy as a capacity that employees can acquire to counter threats of arbitrary domination and to mitigate organised immaturity. (shrink)

In the article “Nudging and Informed Consent”, Cohen argues that the use of “nudging” by physicians in the clinical encounter may be ethically warranted because it results in an informed consent where obligations for beneficence and respect for autonomy are both met. However, the author's overenthusiastic support for nudging and his quick dismissal of shared decision-making leads him to assume that “soft” manipulation is un-problematic and that “wisdom” on the side of medical professionals will suffice to guard (...) against abuse. Opposing this view, we propose that: 1) patient preferences and values should not be boiled down to rational or irrational decisions based on cognitive reasoning alone, 2) potential threats to the physician-patient must be mitigated and could be minimized by employing alternative strategies that acknowledge the impact of cognitive heuristics in shaping decision-making but maintain transparency and trust, and 3) patient preferences and values can be legitimately influenced only under specific circumstances. The latter include: (1) exhaustion of other means; (2) evidence that nudging is effective in a specific context; (3) evidence of clear and active public misinformation (e.g., industry promoting smoking); (4) explicit pubic dialogue between various stakeholders including medical professional societies about nudging; (5) upholding shared decision-making as a preferred approach; and (6) a rich understanding of clinical reality beyond the simple dichotomy of beneficence-autonomy. (shrink)

Is it possible to interfere with individual decision-making while preserving freedom of choice? The purpose of this article is to assess whether ‘libertarian paternalism’, a set of political and ethical principles derived from the observations of behavioural sciences, can form the basis of a viable framework for the ethical analysis of public health interventions. First, the article situates libertarian libertarianism within the broader context of the law and economics movement. The main tenets of the approach are then presented and particular (...) attention is given to its operationalization through the notion of a ‘nudge’. Essentially, a ‘nudge’ consists in an intervention, which aims to suggest one choice over another by gently steering individual choices in welfare-enhancing directions yet without imposing any significant limit on available choices. Finally, the article concludes that, while it fails as an overreaching framework of ethical analysis, libertarian paternalism nonetheless constitutes a valuable addition to the conceptual toolbox of public health ethics. (shrink)

This book addresses the growing use of computerized systems to influence people’s decisions without their awareness, a significant but underappreciated sea-change in the way the world works. To assess these systems, this volume’s contributors explore the philosophical and ethical dimensions of algorithms that guide people’s behavior by nudging them toward choices preferred by systems architects. Particularly in an era of heightened awareness of bias and discrimination, these systems raise profound concerns about the morality of such activities. This volume brings (...) together a diverse array of thinkers to critically examine these nudging systems. Not only are high-level perspectives presented, but so too are of those who use them on a day-to-day basis. While algorithmic nudging can produce benefits for users there are also many less-obvious costs to using such systems, costs that require examination and deliberation. This book is a major step towards delineating these concerns and suggesting ways to provide a sounder basis for future policies for algorithms. It should be of interest to system designers, public policymakers, scholars, and those who wonder more deeply about the nudges they receive from various websites and on their phones. (shrink)

This book will be published in the second half of 2025. It has eight chapters: 1. privacy; 2. the attention economy; 3. nudging; 4. echo chambers and polarization; 5. misinformation; 6. cancel culture: online shaming and caring; 7. friendship; and 8. the duty to quit. Each chapter has several cases to prompt discussion and reflection, as well as a glossary of key terms and an annotated bibliography.

This review article provides a new perspective on the ethics of green nudging. We advance a new model for assessing the ethical permissibility of green nudges (GNs). On this model, which provides normative guidance for policymakers, a GN is ethically permissible when the intervention is (1) efficacious, (2) cost-effective, and (3) the advantages of the GN (i.e. reducing the environmental harm) are not outweighed by countervailing costs/harms (i.e. for nudgees). While traditional ethical objections to nudges (paternalism, etc.) remain (...) potential normative costs associated with GNs, any such costs must be weighed against the injunction to reduce environmental harm to third parties. (shrink)

We discuss what makes a “good” environmental nudge from the policy maker’s point of view. We first delineate what is paternalistic about environmental nudges. We then discuss the effectiveness of nudges, including their paradoxical effects on the targeted behaviour, as well as possible collateral effects on the decision-maker’s wellbeing. We also discuss why the libertarian and ethical aspect of nudges may render them more, and not less, attractive as policy instruments and decision aids. We conclude by discussing accuracy and privacy (...) concerns of information-based nudges, and with some recommendations for the design of effective and ethical nudges. (shrink)

Many of our daily activities are now made more convenient and efficient by virtual assistants, and the day when they can be designed to instruct us in certain skills, such as those needed to make moral judgements, is not far off. In this paper we ask to what extent it would be ethically acceptable for these so-called virtual assistants for moral enhancement to use subtle strategies, known as “nudges”, to influence our decisions. To achieve our goal, we will first characterise (...) nudges in their standard use and discuss the debate they have generated around their possible manipulative character, establishing three conditions of manipulation. Secondly, we ask whether nudges can occur in moral virtual assistants that are not manipulative. After critically analysing some proposed virtual assistants, we argue in favour of one of them, given that by pursuing an open and neutral moral enhancement, it promotes and respects the autonomy of the person as much as possible. Thirdly, we analyse how nudges could enhance the functioning of such an assistant, and evaluate them in terms of their degree of threat to the subject’s autonomy and their level of transparency. Finally, we consider the possibility of using motivational nudges, which not only help us in the formation of moral judgements but also in our moral behaviour. (shrink)