Behavioural techniques or ‘nudges’ can be used for various purposes. In this paper, we shift the focus from government nudges to nudges used by for-profit market agents. We argue that potential worries about nudges circumventing the deliberative capacities or diminishing the control of targeted agents are greater when it comes to market nudges, given that these (1) are not constrained by the principles that regulate government nudges (mildness, sensitivity to people’s interests and (...) public justifiability) and (2) are often ‘stacked’ – they come in great numbers that overwhelm agents. In addition, we respond to possible objections and derive several policy suggestions. (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)

To nudge is to design choice contexts in order to improve choice outcomes. Richard Thaler and Cass Sunstein emphatically endorse nudging but reject more restrictive means. In contrast, I argue that the behavioral psychology that motivates nudging also motivates what may be called jolting — i.e. the design of choice content. I defend nudging and jolting by distinguishing them from the sometimes oppressive means with which they can be implemented, by responding to some common arguments against nudging, and by showing (...) how respect for preferences over option sets and their aggregate properties may require the trimming of option sets, as well as helpful choice contexts. (shrink)

Is it a stronger interference with people's freedom to withdraw options they currently have than to withhold similar options they do not have? Drawing on recent theorizing about sociopolitical freedom, this article identifies considerations that often make this the case for public policy. However, when applied to tobacco control, these considerations are shown to give us at best only very weak freedom-based reason to prioritize the status quo. This supports a popular argument for so-called “endgame” tobacco control measures: If we (...) believe that cigarettes would and should be withheld from entering markets in hypothetical scenarios in which they do not yet exist, then we also have reason to seek their abolition in situations, such as ours, in which cigarettes do exist—if necessary by banning their sale. The same considerations are then used to disarm objections that have recently been raised to using nudges in public policy. (shrink)

Irrational debt decisions at the individual level may harm collective welfare. For this reason, regulators are committed to encourage information-based behaviours in order to enhance likelihood of appropriate indebtedness. We analyse, with a diff-in-diff estimator, the Italian case offered by the Legislative Decree that reformed the consumer credit market adopting European Directive 2008/48/ec, and that reinforced the mandatory information acquisition, jointly asked to lenders and borrowers, before granting/receiving consumer credit. By using micro-data on 60.000 consumer credit borrowers, in total, (...) randomly sampled from the most relevant Italian Credit Bureau, our findings support that, in the medium term, the new consumer credit regulation has improved borrowers’ repayment ability, enhancing the quality of credit distribution. Nevertheless, a simplistic ‘better information-better behaviour’ relationship cannot be assured. This success is likely due to conjunct adaptation of behaviours, with shared responsibilities experienced on both the demand and offer side of the consumer credit marketplace. (shrink)

This paper applies insights from behavioral economics and nudge theory to foster sustainable and responsible investment. SRI provides an opportunity to express and promote ethical values via choice of financial instruments. While policy-makers have tried to encourage greater participation in SRI, the majority of retail investors retain a conventional approach to investment. I develop a conceptual framework to improve the effectiveness of SRI policy-making. The first part of the framework comprises a transmission mechanism which emphasizes the role of SRI as (...) a driver for sustainable development. The second part is a model of the individual decision for or against SRI. The framework suggests that low SRI demand is a case of behavioral market failure, and that nudging is a suitable tool for dismantling behavioral barriers to SRI. A specific example of smart choice architecture is used to illustrate the framework’s potential in the design of an SRI nudge. Assuming the nudge stands up to the rigors of empirical testing, it may well provide a feasible alternative for policy-makers. (shrink)

The power exercised by technology companies is attracting the attention of policymakers, regulatory bodies and the general public. This power can be categorized in several ways, ranging from the “soft power” of technology companies to influence public policy agendas to the “market power” they may wield to exclude equally efficient competitors from the marketplace. This Article is concerned with the “data power” exercised by technology companies occupying strategic positions in the digital ecosystem. This data power is a multifaceted power (...) that may overlap with economic (market) power but primarily entails the power to profile and the power to influence opinion formation. While the current legal framework for data protection and privacy in the EU imposes constraints on personal data processing by technology companies, it ostensibly does so without regard to whether or not they have “data power.” This Article probes this assumption. It argues that although this legal framework does not explicitly impose additional legal responsibilities on entities with “data power,” it provides a clear normative indication to do so. The volume and variety of data and the reach of data-processing operations seem to be relevant when assessing both the extent of obligations on technology companies and the impact of data processing on individual rights. The Article suggests that this finding provides the normative foundation for the imposition of a “special responsibility” on such firms, analogous to the “special responsibility” imposed by competition law on dominant companies with market power. What such a “special responsibility” might entail in practice will be briefly outlined and relevant questions for future research will be identified. (shrink)

Over the years, two criticisms of free markets have been repeated over and over again, by very prominent academics. One concerns the subjective theory of values many pro-market economists embrace, the other involves the move from something being good to do to requiring the government to make – or ‘nudge’ – us do it.

In 2008 pharmaceutical companies spent over $12 billion on product promotion and detailing aimed at U.S. health care practitioners. Drug and device manufacturers rely on a workforce of detailers and physician speakers to reach health care practitioners and nudge their prescribing habits. To prevent undue influence and protect the public fisc, a number of states began regulating these marketing practices, requiring companies to disclose all gifts to practitioners, prohibiting the commercialized sale of prescription data, and prohibiting certain gifts altogether. The (...) 2010 enactment of the Physician Payment Sunshine Act marks the first Congressional involvement in the regulation of disclosure related to pharmaceutical marketing. Overall, the Act improves transparency in pharmaceutical marketing to physicians and expands the regulation of disclosure of pharmaceutical marketing activities in important substantive ways. (shrink)

El gran edificio de la moral kantiana, construido sobre una sólida concepción de la naturaleza de lo ético, deja con todo un margen a la perplejidad: no acaba de convencer. Estudiadas las líneas maestras de su arquitectónica, la investigación que busca hallar la raíz de esta insatisfacción, termina por centrarse en el concepto kantiano de "razón práctica". En él se descubre el uso del modelo jurídico, que tiene como consecuencia una concepción de la ley moral que encaja más en el (...) orden del derecho que en el ético. (shrink)

This article is devoted to examine two theories on the origin of cognition. The first of them is a neurobiological theory by de authors V. Mountcastle and J. Hawkins working separately. The second one is a theory from the Cognitive Psychology by D. Gentner. It is interesting to check that exists a strong congruence between both of them despite they have absolutely different methodologies. Two different ways lead to postulate the analogy and their mechanisms as the main element of cognition. (...) The present article gives reasons for embracing the analogy as being the main cause of the origin of knowledge in the infant. Besides, it explains why language is the main cause of adult human intelligence and it also denies the need of existence of any innate lexicon or vocabulary. (shrink)

The article analizes the several times of Proclus‘s reception by Nicholas of Cusa’s thought. The direct reading of Proclus can be established because Expositio in Parmenidem Platonis –Cod.Cus. 186– and Elementatio theological –Cod.Cus.195– (Moerbeke’s translation) and De theologia Platonis Libri VI –Cod.Cus.185– (Petrus Balbus’s translation) are in his Library in Bernkastel-Kues with his marginalia. The assimilation of doctrines can be considered assuming that the implicits and explicits references to Plato’s Diadochus, especially in the last works.

El autor intenta hacer comprensible cómo el punto de partida de Fichte, siendo de originaria y sincera filiación kantiana, ocultaba in nuce una ruptura -ni intencional ni deseada, peroinevitable- con el criticismo. Primero, se recuerda la temprana desviación fichteana de importantes tesis kantianas, queeran incompatibles con su atención al Yo (no al Yo pienso), y que ya le planteaban el problema del acceso a su ser. Posteriormente, se emprende una deducción transcendental ontológica del acceso al Yo, que puede esclarecer exposiciones (...) más tardías (especialmente de la Doctrina de la Ciencia de 1805). Como conclusión, se interpreta la tarea de Fichte como el intento fundamental de volver al problema del ser, mas bajo su única forma posible: la del Yo. (shrink)

Se editan los textos centrales de la conferencia pronunciada en 1860 por K. E. y. Baer, según la rara edición que hizo de la misma en ¡862. Su mostración imaginativa de lo diferente que sería nuestra representación de la realidad natural con el USO de otros cánones espacio-temporales, puede volver a interesar hoy, sobre todo, al llamado Constructivismo,Zentrale Texte des Vortrages von 1860, den It E. y. Baer lii Petesbrug hielt, nach der seltenen Ausgabe von 1862, sowie ibre spanische Ubersetzung (...) sind hier herausgegeben. Seine imaginative Darstellung der ganz verschiedenen Auffasung der Natur nach der Veránderung des Raum-Zeit-Mai3stabes gelten jinmer noch als Anregung ciner fruchtbaren Reflexion, tiberhaupt in Zeiten des sogenannten Konstruktivismus. (shrink)

The pervasiveness of AI-empowered technologies across multiple sectors has led to drastic changes concerning traditional social practices and how we relate to one another. Moreover, market-driven Big Tech corporations are now entering public domains, and concerns have been raised that they may even influence public agenda and research. Therefore, this chapter focuses on assessing and evaluating what kind of business model is desirable to incentivise the AI for Social Good (AI4SG) factors. In particular, the chapter explores the implications of (...) this discourse for SDG #17 (global partnership) and how this goal may encourage Big Tech corporations to strengthen multi-stakeholder partnerships that promote effective public-private and civil society partnerships and the meaningful co-presence of non-market and market values. In doing so, the chapter proposes an analysis of the sociological notion of "social license to operate" (SLO) elaborated in the mining and extractive industry literature and introduces it into the discourse on sustainable digital business models and responsible management of risks in the digital age. This serves to explore how such a social license can be adopted as a practice by digital business models to foster trust, collaboration and coordination among different actors - AI researchers and initiatives, institutions and civil society at large - for the support of SDGs interrelated targets and goals. (shrink)

Critical thinking is often taught with some emphasis on categories and operations of cognitive biases. The underlying thought is that knowledge of biases equips students to reduce them. The empirical evidence, however, doesn’t provide much support for this thought. We have previously argued that the emphasis on debiasing in critical thinking education is worth preserving, but in light of a more explicit and broader conception of debiasing. We now argue that this broader conception of debiasing strategies obliges critical thinking instructors (...) and curriculum designers to reflect on the teaching approaches that might facilitate the use of those strategies. We propose some teaching techniques to expand the scope of debiasing in the classroom—some untested, some only rarely and recently characterized as critical thinking strategies, rather than as pragmatic considerations in, e.g., design, engineering, marketing. These methods and others like them, we suggest, broaden the prospects for teaching a range of effective critical thinking techniques for debiasing. (shrink)

Although Karl Polanyi is best known for his theorization of market regulation and the double movement, democratizing the economic was one of his core concerns. He believed societies need to bring labor, land, and money under collective oversight to displace the logic of market fundamentalism with the logic of human needs. In this article, the author draws on Polanyi’s vocabulary to shed light on the denial of money politics and the possibility of democratization. The author illustrates these dynamics (...) through an analysis of long-term dynamics of (de)politicization in British colonial America and the United States through the 1930s. The author developed this approach hoping that it can contribute to nudging public debates beyond regulation and monetary policy techniques and toward popular involvement and knowledge. (shrink)

The COVID-19 pandemic prompted a nudge for public–private cooperation in healthcare to rapidly cope with limited resource. However, Vietnam’s historical reliance on a public healthcare system, combined with a traditional emphasis on socialization in the Polanyian sense, hindered the swift integration of the private sector. This research investigates path dependency in Vietnam’s public health sector, using theories including path dependency, Karl Polanyi’s double movement with legal analysis method to analyze the interplay of historical decisions, and socialist policies in healthcare. Recognizing (...) these institutional and market governance flaws, a deeper understanding of the role of law becomes vital in crafting strategies for a more resilient and sustainable healthcare system in Vietnam. In this article, Ho Chi Minh City is chosen as a case study due to its notable mix of public–private healthcare facilities and its status as a leading area in infection cases during the third COVID-19 wave. The article suggests that there should be a change in the way public and private sectors work together, one that is more in line with market-driven solutions which requires solid legal framework for cooperation beyond merely mobilizing resources. (shrink)

We have identified an emerging tool being used by the UK government across a range of public bodies in the service of public policy - the online targeted advertising infrastructure and the practices, consultancy firms, and forms of expertise which have grown up around it. This reflects an intensification and adaptation of a broader ‘behavioural turn’ in the governmentality of the UK state and the increasing sophistication of everyday government communications. Contemporary UK public policy is fusing with the powerful tools (...) for behaviour change created by the platform economy. Operational data and associated systems of classification and profiling from public bodies are being hybridised with traditional consumer marketing profiles and then ‘projected’ onto the classification systems of the targeted advertising infrastructures. This is not simply a case of algorithms being used for sorting, surveilling, and scoring; rather this suggests that targeted interventions in the cultural and behavioural life of communities are now a core part of governmental power which is being algorithmically-driven, in combination with influencer networks, traditional forms of messaging, and frontline operational practices. We map these uses and practices of what we describe as the ‘Surveillance Influence Infrastructure’, identifying key ethical issues and implications which we believe have yet to be fully investigated or considered. What we find particularly striking is the coming-together of two separate structures of power - the governmental turn to behaviourism and prevention on one hand, and the infrastructures of targeting and influence on the other. We theorise this as a move beyond ‘nudge’ or ‘behavioural science’ approaches, towards a programme which we term ‘influence government’. (shrink)

This anthology discusses important issues surrounding environmental law and economics and provides an in-depth analysis of its use in legislation, regulation and legal adjudication from a neoclassical and behavioural law and economics perspective. Environmental issues raise a vast range of legal questions: to what extent is it justifiable to rely on markets and continued technological innovation, especially as it relates to present exploitation of scarce resources? Or is it necessary for the state to intervene? Regulatory instruments are available to create (...) and maintain a more sustainable society: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, et cetera If regulation in a certain legal field is necessary, which policies and methods will most effectively spur sustainable consumption and production in order to protect the environment while mitigating any potential negative impact on economic development? Since the related problems are often caused by scarcity of resources, economic analysis of law can offer remarkable insights for their resolution. Part I underlines the foundations of environmental law and economics. Part II analyses the effectiveness of economic instruments and regulations in environmental law. Part III is dedicated to the problems of climate change. Finally, Part IV focuses on tort and criminal law. The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe. (shrink)

The United States has introduced automatic enrollment into retirement savings schemes, and the United Kingdom is in the throes of doing so. The financial crisis has reminded us that returns on these schemes can be poor, even negative. Behavioral economics shows that people can be “nudged” into schemes regardless, but it also implies that the liberal account of market legitimation through informed choice cannot be applied. This article examines how risks are assigned in schemes and how enrollees might seek (...) recourse if their expectations are disappointed. Comparing the United States and the United Kingdom, it argues that enrollees are more likely to seek recourse from the government in the United Kingdom. The explanation can be found in regulatory decisions that reflect the structure of each country’s public pension scheme. This structure is conducive to private risk bearing in the United States, but not in the United Kingdom, suggesting that regulatory market liberalism is undermined by a residual approach to public provision. (shrink)