Paper by Cass Sunstein: “Many people prize agency; they want to make their own choices. Many people also prize second-order agency, by which they decide whether and when to exercise first-order agency. First-order agency can be an extraordinary benefit or an immense burden. When it is an extraordinary benefit, people might reject any kind of interference, or might welcome a nudge, or might seek some kind of boost, designed to increase their capacities. When first-order agency is an immense burden, people might also welcome a nudge or might make some kind of delegation (say, to an employer, a doctor, an algorithm, or a regulator). These points suggests that the line between active choosing and paternalism can be illusory. When private or public institutions override people’s desire not to exercise first-order agency, and thus reject people’s exercise of second-order agency, they are behaving paternalistically, through a form of choice-requiring paternalism. Choice-requiring paternalism may compromise second-order agency. It might not be very nice to do that…(More)”.
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