Bart Engelen

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.

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.

One of the most pervasive criticisms of nudges has been the claim that they violate, undermine or decrease people’s autonomy. This claim, however, is seldom backed up by an explicit and detailed conception of autonomy. In this paper, we aim to do three things. First, we want to clear up some conceptual confusion by distinguishing the different conceptions used by Cass Sunstein and his critics in order to get clear on how they conceive of autonomy. Second, we want to add to the existing discussion by distinguishing between ‘autonomy’ as the ability to set your own ends and ‘autocracy’ as the ability to actually realize those ends. This will allow for a more careful ethical evaluation of specific nudge interventions. Third, we will introduce the idea of ‘perimeters of autonomy’ in an attempt to provide a realistic account of personal autonomy and we will argue that it can alleviate most of the worries about nudging being autonomy-undermining.

Nudges have been criticized for working ‘in the dark’, influencing people without their full awareness. To assess whether this property renders nudging an illegitimate policy tool in liberal democracies, we argue that in scrutinizing nudge transparency, we should adequately divide our focus between nudging techniques, the nudgers employing them, and the nudgees subjected to them. We develop an account of what it means for nudgees to be ‘watchful’, a disposition that enables them to resist and circumvent nudges. We argue that such ‘watchfulness’ should be cultivated if we want to implement nudges in legitimate, accountable, and democratic ways.

Human papillomavirus (HPV) is one of the most common sexually transmitted infections. It is a leading cause of cervical cancer in women but the virus is increasingly being linked to several other cancers in men and women alike. Since the introduction of safe and effective but also expensive vaccines, many developed countries have implemented selective vaccination programs for girls. Some however argue that these programs should be expanded to include boys, since (1) HPV constitutes non-negligible health risks for boys as well and (2) protected boys will indirectly also protect girls. In this paper we approach this discussion from an ethical perspective. First, on which moral grounds can one justify not reimbursing vaccination for the male sex? We develop an ethical framework to evaluate selective vaccination programs and conclude that, in the case of HPV, efficiency needs to be balanced against non-stigmatization, non-discrimination and justice. Second, if vaccination programs were to be expanded to boys as well, do the latter then also have a moral duty to become immunized? Two arguments in favor of such a moral duty are well known in vaccination ethics: the duty not to harm others and to contribute to the public good of public health. However, we argue that these are not particularly convincing in the context of HPV. In contrast, we believe a third, more powerful but also more controversial argument is possible. In our view, the sexual mode of transmission of HPV constitutes an additional reason to believe that boys in fact may have a moral obligation to accept vaccination

Even though more than half of all citizens in the world are currently able to exercise the right to elect their leaders, many of them choose not to vote. This article considers the role of compulsory voting in order to enhance the democratic values of political participation and equality. Raising turnout considerably, it is an effective instrument to motivate citizens to express their voice in public life, thereby ensuring that their concerns will be heeded. Opponents of compulsory voting, however, argue that it is undesirable because it violates the value of personal liberty and drags uninterested citizens to the polls. This article tries to rebut these arguments and challenge their underlying concept of democracy. As compulsory voting sends the message that every vote matters, it is able to restore rather than harm democracy and its values.

What limits should there be on the areas of life that are governed by market forces? For many years, no one seriously defended the buying and selling votes for political elections. In recent years, however, this situation has changed, with a number of authors defending the permissibility of vote markets. One popular objection to such markets is that they would lead to a tyranny of wealth, where the poor are politically dominated by the rich. In a recent paper, Taylor :313–328, 2017. doi: 10.1007/s11158-016-9327-0) has argued that this objection can be avoided if certain restrictions are placed on vote markets. In this paper we will argue that this attempt to rebut an argument against vote markets is unsuccessful. Either vote markets secure their purported benefits but then they inevitably lead to a tyranny of wealth, or they are restricted so heavily that they lack the features that have been claimed to make vote markets attractive in the first place. Using Taylor’s proposal as a test case, we make the more general claim that vote markets cannot avoid the tyranny of wealth objection and bring about their supposed benefits at the same time.

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.

This article focuses on the difficult issue of what exactly goes on when an individual tolerates something. It focuses on the problem of why an individual would ever choose to allow for some practice that he deerns unacceptable while having the power to do something about it. After distinguishing between different attitudes (tolerant as well as intolerant), this article argues that individuals can have various reasons for deciding to tolerate what they deern wrong. As such, we defend a broad conception of tolerance, which goes against the grain of recent literature in which tolerance is generally understood as a virtue.

The renowned paradox of voting arises when one tries to explain the decision to go out and vote in an exclusively instrumental framework. Instead of postulating that voters always derive utility from the act of voting, I want to search for the reasons that underlie the absence or presence of a preference for voting. In my noninstrumental account of expressive rationality, citizens want to express who they are and what they care about. Whether or not one votes therefore depends on the force of one’s commitments to principles, norms, ideologies or particular persons. This has been confirmed by empirical research showing that citizens vote because they feel they have to, not because they like doing so. Complementing instrumental rationality, this concept of expressive rationality gives a fuller, deeper and more adequate view of the way citizens make political decisions, thereby solving the paradox of voting.

Positive economic models aim to provide truthful explanations of significant economic phenomena. While the notion of ‘preferences’ figures prominently in micro-economic models, it suffers from a remarkable lack of conceptual clarity and rigor. After distinguishing narrow homo economicus models from broader ones and rehearsing the criticisms both have met, I go into the most promising attempt to date at addressing them, developed by Hausman. However, his definition of preferences as ‘total comparative evaluations’, I argue, plays into the general disregard that economists have for human psychology. My alternative definition of preferences as ‘overall comparative evaluations’ – and hence as one of the many factors that influence people’s behavior – allows for more adequate causal explanations of people’s dutiful, committed, and norm-guided actions. Against Hausman but in agreement with Sen, it also allows for counterpreferential choice.

I aim to analyze in this dissertation what a desirable basic institutional structure looks like from the perspective of rationality. While the main topic is thus normative in nature, I start by clarifying in the first part what the notion of rationality exactly entails. I do so by focusing explicitly on the economic conception of rationality, according to which a rational individual is motivated to serve his self-interest on the basis of cost-benefit calculations. Such a Homo Economicus is characterized by his intentional and instrumental actions, his perfectly informed beliefs and his exogenously given and egoistic preferences. In my view, however, this model is inadequate if one aims to understand what it means to be rational. The requirements that actions should be instrumental, beliefs should be based on perfect information and preferences should be exogenously given and egoistic in nature turn out to be overly demanding in this respect. That is why I propose to drop these assumptions in what I label the minimal conception of rationality. Since the latter turns out to be very formal indeed, I propose two further alternatives, which focus not so much on the choice of means to achieve certain goals, as they focus on the choice of these goals themselves. According to the first, broad conception, actions are rational if they are based on good reasons, which are further qualified as well-informed beliefs and autonomous preferences. According to the second, expressive conception, actions, beliefs and preferences are rational if they express the things the individual at hand cares about. The latter requires that individuals can reflect upon and identify with their reasons, which implies a capacity to reflect upon and distance themselves from their own bundle of preferences. In the second part of this dissertation, I try to show the value and limitations of these conceptions by applying them to the context of large-scaled elections. In this respect, it becomes immediately clear that the economic conception fails to explain why quite a lot of people go out and vote. After all, since a single vote has only an infinitesimal impact on the electoral result, it does not enable people to serve their interests or realize their goals. This leads to the so-called voting paradox, according to which no rational individual will decide to vote. The standard solution is to assume that individuals vote because they derive satisfaction from the very act itself. However, this strategy is rather ‘ad hoc’ and does not explain how people vote once they find themselves inside the voting booth. The expressive conception of rationality does better in this respect. It suggests that people vote because they care about democracy in general or about a specific political candidate or ideology. Since they conceive of themselves as being a good citizen, they express this aspect of their identity by going out to vote. In the third part of this dissertation, I analyze more fully the normative implications of the different conceptions of rationality. More specifically, I try to answer the question which basic institutional structure is desirable if one assumes that people are by and large rational. This immediately shows that both the normative issue and the explanatory issue are closely connected. In my view, proposals regarding institutional design and reform should be based on empirically adequate models of individual actions and motivations. This search for a realistic utopia goes against the conventional strategy of most economists. They rely on the Homo Economicus model, even if this fails to explain individual behavior. To explain more fully what the normative implications are of the counterfactual assumption that all people are economically rational, I focus on the work of James Buchanan. In his theory of constitutional choice, he argues in favor of a minimal state whose only task is to make sure that the market functions properly. Buchanan thus favors strict constitutional limitations for governments, which tend to expand beyond legitimate borders as soon as politicians and public servants are allowed to serve their own interests. In my view, however, the abovementioned criticisms of the Homo Economicus model have theoretical as well as normative implications. After all, the empirically supported fact that a majority of individuals does not act in economically rational ways creates more room for legitimate government intervention. Expressively rational citizens will, for example, more easily agree on the necessity and desirability of a collective provision of certain public goods. In addition, expressively rational politicians and public servants can be more easily trusted to serve the public interest rather than their narrowly defined self-interest. As an alternative to Buchanan’s one-sided focus on economic rationality and the market, I focus on the work of Samuel Bowles en Herbert Gintis. More specifically, I explore their work on the phenomenon of strong reciprocity, which refers to the widespread tendency of people to reward prosocial behavior and punish antisocial behavior, even if this is costly for themselves. Since this is clearly economically irrational, Bowles and Gintis propose to complement the Homo Economicus model with the Homo Reciprocans model. This model, which comes close to the expressive conception of rationality, is able to incorporate the insight that social norms surrounding reciprocity, cooperation and fairness are crucial in regulating interactions. At the normative level, Bowles and Gintis stress that such norms often lead to socially desirable outcomes, since they enable people to live in harmony without relying on coercive and costly government interventions. This suggests that the debate between proponents of the market on the one hand and the state on the other hand neglects the importance of communities where people spontaneously interact on the basis of generally prosocial norms. As such, the insights of Bowles and Gintis lead to a defense of a basic institutional structure in which markets, states and communities mutually complement and reinforce each other. They also justify a general optimism as regards to the capacity and motivation of people to try and improve the rules and institutions that govern their everyday lives.

Rationality, Norms and Institutions: In Search of a Realistic Utopia The main goal of political philosophers is to search for a realistic utopia by taking individuals as they are and institutions, rules and laws as they might be. Instead of trying to change either individuals or institutions in order to improve society, this article argues that both strategies should be combined, since there are causal connections running both ways. Because individuals ultimately devise and uphold institutions, one should be optimistic about the possibilities of deliberately improving society through institutional reforms. However, one should adequately model the influences that these reforms have on individuals, their identities and their motivations. From the fact that individuals can actually turn into egoists if they are treated as such, this article stresses the need to detect and maintain non-egoistic motivations. Since informal norms, for example, motivate individuals to socially desirable action, it is important to devise formal institutions that support rather than erode norm-guided behavior.

Nietzsche has often been interpreted as criticizing Buddhism for its pessimistic nihilism, since it supposedly aims at the otherworldly goal of nirvanaand the extinction of suffering. This article tries to adjust this view by focusing on the aspects of Buddhism of which Nietzsche implicitly or explicitly approves. It also relates these to some striking similarities between their views of the world, the individual, life in general and how to deal with it. This article shows that Nietzsche, in his criticism of Buddhism as he interpreted it, comes strikingly close to actual Buddhist doctrines on metaphysics, personal identity and morality

The secret ballot is considered a central feature of free and fair elections all over the world. While the reasons to uphold it seem to be overwhelming, we argue that the secret ballot is only second-best at best and that a modified version of open voting might prove to be more democratic. Instead of denying the various problems and difficulties that an open system might encounter, we want to offer a genuine proposal that can avoid these numerous pitfalls. After rehearsing the various arguments pro and contra open voting, we draw attention to the role of shame, which has been neglected by both sides in the debate. While shame plays a pivotal role in the democratic argument pro open voting, it also brings out new problems that tell against opening up the vote. This means that, if we want to draw on the democratic potential of open voting, we will have to find a system that minimizes the undesirable effects of shame. In the third and final section, we will formulate a concrete proposal of open voting that we believe is more democratic than the current secret ballot and is able to avoid potential worries. Even if this proves to be highly speculative, it serves as an invitation for further empirical research.

James Buchanan, one of the founders of Public Choice theory, applies the conceptual apparatus of economics to the public domain. This article investigates which assumptions are crucial to Buchanan’s project, concentrating on methodological individualism and the Homo Economicus model. It shows that Buchanan from time to time moves away from these economic concepts, though only in minor ways. The article also focuses on Buchanan’s normative emphasis on the role of institutions in coordinating self-interested individual actions in mutually beneficial ways. Criticizing Buchanan’s analysis, the paper argues that a broader view of the individual and of the role of institutions is necessary in a theory of constitutional choice.

In this paper, we want to analyze conceptually whether and when merely using economic discourse – talking money – can crowd out people's positive attitudes towards environmental goods and their reasons to protect them. We concentrate on the specific case of market-based or monetary valuation as an instance of ‘commodification in discourse’ and argue that it can have the same moral problems as real commodification. We aim to bring together insights from philosophy, ethics, economics and psychology to argue that there are good reasons to think about how and when to apply MV in environmental cases. On the basis of this interdisciplinary analysis and in order to promote further empirical research, we develop four empirically falsifiable hypotheses. Commodification in discourse can bring about real commodification. MV can have framing and crowding effects on those who come into contact with it. Intrinsic motivation is more robust than extrinsic motivation and leads less to freeriding. MV's framing and crowding effects can decrease environmental protection.

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.