Choice architecture is heralded as a policy approach that does not coercively reduce freedom of choice. Still we might worry that this approach fails to respect individual choice because it subversively manipulates individuals, thus contravening their personal autonomy. In this article I address two arguments to this effect. First, I deny that choice architecture is necessarily heteronomous. I explain the reasons we have for avoiding heteronomous policy-making and offer a set of four conditions for non-heteronomy. I then provide examples of (...) nudges that meet these conditions. I argue that these policies are capable of respecting and promoting personal autonomy, and show this claim to be true across contrasting conceptions of autonomy. Second, I deny that choice architecture is disrespectful because it is epistemically paternalistic. This critique appears to loom large even against non-heteronomous nudges. However, I argue that while some of these policies may exhibit epistemically paternalistic tendencies, these tendencies do not necessarily undermine personal autonomy. Thus, if we are to find such policies objectionable, we cannot do so on the grounds of respect for autonomy. (shrink)

In this article I assess the ability of motivational accounts of paternalism to respond to a particular challenge: can its proponents adequately explain the source of the distinctive form of disrespect that animates this view? In particular I examine the recent argument put forward by Jonathan Quong that we can explain the presumptive wrong of paternalism by relying on a Rawlsian account of moral status. I challenge the plausibility of Quong's argument, claiming that although this approach can provide a clear (...) response to the explanatory challenge, it is only successful in doing so when it relies on the strength of its rival: the argument from personal autonomy. In doing so I illustrate that such responses are conceptually dependent on an account of respect for persons, and thus much of the relevant controversy is actually disagreement over how we respect other individuals. (shrink)

In this article we argue that commercial boycotting is not an uncontested economic right. Rather, the practice of boycotting often requires further moral justification. We argue that this justification should not rely solely on the consequences of boycotting, nor should it rely solely on the complicity of the consumer. We suggest that both justifications are subject to pressing objections. In light of these objections, we outline an alternative non‐consequentialist justification of commercial boycotting that is grounded in the moral values of (...) conscience and personal integrity. We then explore the scope of this justification in the legal realm. We focus on cases where consumers lack freedom of exchange due to their contractual obligations and conclude by defending a qualified legal right to breach contracts on conscientious grounds. (shrink)

Critics have long dismissed paternalistic choice architecture as conceptually muddled at best and oxymoronic at worst. In this article, I argue that this criticism remains true despite recent replies to the contrary. Further, I suggest that a similar conceptual criticism also applies to non-paternalistic choice architecture. This is due to a three-way tension between the effectiveness, avoidability, and distinctiveness of each nudge. To illustrate this tension, I provide a novel explanation of the mechanics of nudging and a taxonomy of these (...) interventions. I then argue that choice architects who defend the distinctiveness of nudging according to how it guides our behaviour via our unreflective intuitive reasoning encounter a trilemma because the distinctiveness of nudging hinges on interventions being both avoidable and effective. Choice architects cannot achieve this aim without harnessing both our automatic and reflective systems of thought in tandem. However, this diminishes the distinctive character of nudging by bringing it closer to other traditional policy interventions. This establishes the choice architect’s trilemma: a nudge is likely to be either ineffective, effective via some morally unacceptable means, or effective in a manner that is conceptually indistinct from other evidence-based policy interventions. (shrink)

Political liberals aim to treat citizens as free and equal participants in a society governed by principles endorsable from a wide range of reasonable conceptions of the good. This popular account of political morality struggles to accommodate child citizens yet to develop the capacities for freedom and equality enjoyed by citizens under political liberalism. It appears political liberals must either accept political liberalism should not apply to all citizens or intrusively constrain parental rights to shape the values of their children (...) in line with anti-perfectionism. I defend a third possibility that justifies perfectionism in parenting and anti-perfectionism in education. (shrink)

In his book Liberalism Without Perfection, Jonathan Quong challenges liberal perfectionists to show whether their favoured doctrine is capable of generating distinctive distributive principles whilst retaining a valid conception of personal responsibility. In this article I develop this challenge into a dilemma and show that liberal perfectionists can escape by illustrating how arguments for the value of personal autonomy may entail a specific and distinct treatment of choice and responsibility. I develop this claim into a sufficientarian approach to the promotion (...) of autonomy as self-authorship. In doing so I show how differing conceptions of both autonomy and the person employed by liberal perfectionists and political liberals entail different distributive outcomes. (shrink)

Healthcare professionals may confront ethical issues in practice, particularly when their values conflict with that of their patients or clients. This paper explores an ethical case study in which a dietitian who practices Health at Every Size® has an older adult client who wishes to lose weight. The dietitian believes that losing weight is inappropriate for this client. Using a framework for ethical decision making, this article explores the problem or dilemma, identifies the potential issues involved, discusses the relevant ethical (...) codes, laws, and regulations, and explores possible courses of action and their consequences. By exploring an ethical issue that healthcare professionals may encounter in practice, we can gain a deeper understanding of ethical decision making. (shrink)

Liberal institutions should respect citizens as autonomous agents. But what does this mandate require and how should it shape the demands of liberal legitimacy? I trace the contemporary disagreement between liberal perfectionist and anti-perfectionist accounts of legitimacy back to this requirement to respect the autonomy of citizens in order to weigh up how well each approach fulfils this mandate. I argue that further reflection over the nature of respect for the value of personal autonomy gives liberals reason to favour moderate (...) forms of perfectionism and be sceptical of criticisms of perfectionism grounded in concerns over respect. (shrink)