The Dark Side of Nudging: The Ethics, Political Economy, and Law of Libertarian Paternalism

Libertarian paternalism, as advanced by Cass Sunstein, is seriously flawed, but not primarily for the reasons that most commentators suggest. Libertarian paternalism and its attendant regulatory implications are too libertarian, not too paternalistic, and as a result are in considerable tension with ‘thick’ conceptions of human dignity. We make four arguments. The first is that there is no justification for a presumption in favor of nudging as a default regulatory strategy, as Sunstein asserts. It is ordinarily less effective than mandates; such mandates rarely offend personal autonomy; and the central reliance on cognitive failures in the nudging program is more likely to offend human dignity than the mandates it seeks to replace. Secondly, we argue that nudging as a regulatory strategy fits both overtly and covertly, often insidiously, into a more general libertarian program of political economy. Thirdly, while we are on the whole more concerned to reject the libertarian than the paternalistic elements of this philosophy, Sunstein’s work, both in Why Nudge?, and earlier, fails to appreciate how nudging may be manipulative if not designed with more care than he acknowledges. Lastly, because of these characteristics, nudging might even be subject to legal challenges that would give us the worst of all possible regulatory worlds: a weak regulatory intervention that is liable to be challenged in the courts by well-resourced interest groups. In such a scenario, and contrary to the ‘common sense’ ethos contended for in Why Nudge?, nudges might not even clear the excessively low bar of doing something rather than nothing. Those seeking to pursue progressive politics, under law, should reject nudging in favor of regulation that is more congruent with principles of legality, more transparent, more effective, more democratic, and allows us more fully to act as moral agents. Such a system may have a place for (some) nudging, but not one that departs significantly from how labeling, warnings and the like already function, and nothing that compares with Sunstein’s apparent ambitions for his new movement.

Making Ireland Modern

Making Ireland Modern is a cross-disciplinary, inter-institutional, inter-media design and research project which emerged from an open competition (won by Boyd and McLaughlin) to commission/curate the Irish pavilion for the Venice biennale 2014. It explores the relationship between architecture, infrastructure and technology in the building of a new nation. Constructed as a demountable, open matrix of drawings, photographs, models and other artefacts, the exhibition (12 x 5 x 6 metres) presents ten infrastructural episodes – Negation, Electricity, Health, Transportation, Television, Aviation, Education, Telecommunications, Motorways, Data – spanning a period of one hundred years from 1916-2016. Exploring a range of scales from the detail design of objects to entire landscapes and other territories, Making Ireland Modern describes architecture’s role in transforming the physical and cultural identity of the new state through its intersession in the everyday lives of its population. In 2015, we were commissioned by the Arts Council of Ireland to expand and develop the pavilion for a three cities tour of Ireland as one of the five major strands of the Arts Council’s Art2016 programme of Irish State’s 1916-2016 centennial celebrations (2016).

State History, Historical Legitimacy and Modern Ethnic Diversity

How much does the antiquity of states, and the sometimes arbitrary nature of colonial boundaries, explain the modern degree of ethnic diversity? It is shown that states with greater historical legitimacy (more continuity between the pre-colonial and post-colonial state) have less ethnic diversity. Historical legitimacy is more strongly correlated with ethnic diversity than are the antiquity of states, genetic diversity or the duration of human settlement. Although historical legitimacy is particularly pertinent to Africa, the correlation also holds outside Africa.

The Exclusive Brethren ‘Doctrine of Separation’: An Anthropology of Theology

Why do the Exclusive Brethren attend church ten times a week? Why do they shun excommunicated members, including immediate family? Why do they refuse to eat with outsiders? Why will they employ outsiders in their businesses, but never be employed by them? Why do they reject modern media as “pipelines of filth”? Why do they refuse to vote, while simultaneously campaigning for Conservative Party candidates? Why do they only live in detached houses, and build churches entirely without windows? How, in other words, do the Exclusive Brethren try to live good lives? And what can we learn anthropologically from these models of ‘the good’, and from the objections they provoke? Drawing inspiration from Keane’s (2014) suggestion that ‘we shouldn’t decide in advance what ethics will look like’, this paper seeks to critically contribute to new scholarship within the anthropology of morality and detachment by constructing, in a very literal sense, an anthropology of theology via an analysis of the Exclusive Brethren ‘doctrine of separation’.

Women of Letters: Gender, Writing and the Life of the Mind in Early Modern England

Women of letters writes a new history of English women's intellectual worlds using their private letters as evidence of hidden networks of creative exchange. The book argues that many women of this period engaged with a life of the mind and demonstrates the dynamic role letter-writing played in the development of ideas. Until now, it has been assumed that women's intellectual opportunities were curtailed by their confinement in the home. This book illuminates the household as a vibrant site of intellectual thought and expression. Amidst the catalogue of day-to-day news in women's letters are sections dedicated to the discussion of books, plays and ideas. Through these personal epistles, Women of letters offers a fresh interpretation of intellectual life in the late seventeenth and early eighteenth centuries, one that champions the ephemeral and the fleeting in order to rediscover women's lives and minds.

Ethics in sexual behavior assessment and support for people with intellectual disability

Sexuality is an issue of equality, rights, and ethics, especially when it comes to the sexuality of people with intellectual and developmental disabilities. This paper offers a discussion of ethics related to the assessment and intervention supports of sexual behavior in people with intellectual and developmental disabilities. A brief history of sexuality and disability is presented. Issues of sexual abuse of people with intellectual and developmental disabilities and the laws related to sterilization, pornography, sexual rights, and consent are explored. Finally, specific ethical concerns related to intervention by behavior analysts in the realm of sexual behavior are examined.

The ethics of ethical debates in peace and conflict research: Notes towards the development of a research covenant

This article outlines the case for peace and conflict researchers to formulate a research covenant to better shape their ethical obligations and responsibilities. This is an urgent necessity given that ethical debates have in some proponents become emotive and are not conducted in an ethical manner. In coming to this assessment, the article reviews trends in the research ethics literature and draws out some of the generic issues addressed in a review of the personal reflexivity that an assortment of individual peace and conflict researchers have engaged in when recounting their fieldwork experiences. These generic issues are reformulated in an attempt to codify appropriate ethical practice in peace and conflict research, and they go towards determining the contents of the research covenant. It is suggested that the research covenant is a more ethical way to debate the ethics of peace and conflict research.