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Liberalism and Lifestyle: Informing Regulatory Governance with Behavioural Research

Published online by Cambridge University Press:  20 January 2017

On Amir  and
Orly Lobel
On Amir
Affiliation:
Rady School of Management – UC San Diego
Orly Lobel
Affiliation:
University of San Diego – School of Law
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Extract

Behavioural economics is helping illuminate the limits of rational individual choice. At the same time, even as research identifies failures in rationality, policy must inquire about the possibility and legitimacy of government intervention. In ‘Nudging’ Healthy Lifestyles: The UK Experiments with the Behavioural Alternative to Regulation and the Market, Adam Burgess critically describes the introduction of behavioural approaches into UK policy making. In particular, Burgess is concerned with the wholesale adoption of nudge-style programmes to promote healthier living among citizens. Unsurprisingly, the UK developments find equivalent developments in the United States. In January 2009, President Barack Obama suggested that “the principles governing regulation … be revisited.” Envisioning a ‘behavioural dream team’ of economists and psychologists to help lead the way, President Obama appointed Cass Sunstein, the co-author of Nudge, as Administrator of the White House Office of Information and Regulatory Affairs.1 President Obama further ordered the US Office of Management and Budget to “clarify the role of the behavioral sciences in formulating regulatory policy.” The parallels between the countries are striking. The new UK leadership has consulted with Nudge's other co-author, Richard Thaler. The new leadership has guided top administrators to read behavioural research and a “Behavioural Insight Team” has been newly formed within the Prime Minister's Cabinet Office. More operationally, each of the governments has adopted initiatives to nudge citizens to better behaviour, physically and financially.

Type
Symposium on Nudge
Information
European Journal of Risk Regulation , Volume 3 , Issue 1 , March 2012 , pp. 17 - 25
Copyright
Copyright © Cambridge University Press 2012

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References

1 Grunwald, Michael, “How Obama Is Using the Science of Change”, Time, 13 April 2009, at p. 28 Google Scholar.

2 Thaler, Richard H. and Sunstein, Cass R., Nudge: Improving Decisions about Health, Wealth, and Happiness (New Haven, CT: Yale University Press, 2008), at p. 248 Google Scholar.

3 Lobel, Orly, “Setting the Agenda for New Governance Research”, 89 Minnesota Law Review (2004), pp. 498 et sqq., at p. 506Google Scholar.

4 Lobel, Orly, “The Renew Deal: The Fall of Regulation and the Rise of Governance in Contemporary Legal Thought”, 89 Minnesota Law Review (2004), pp. 342 et sqq. Google Scholar; Lobel, Orly, “Citizenship, Organizational Citizenship, and the Laws of Overlapping Obligations”, 97 California Law Review (2009), pp. 433 et sqq. Google Scholar; Lobel, Orly, “The Paradox of ‘Extra-Legal’ Activism: Critical Legal Consciousness and Transformative Politics”, 120 Harvard Law Review (2007), pp. 937 et sqq. Google Scholar; Lobel, Orly, “Interlocking Regulatory and Industrial Relations: The Governance of Worker Safety”, 57 Administrative Law Review (2005) 57, pp. 1071 et sqq. Google Scholar; Lobel, “Setting the Agenda”, supra note 3.

5 Lobel, Orly, “Governing Occupational Safety in the United States”, in Burca, Grainne Dr and Scott, Joanne (eds), Law and New Governance in the EU and the US (Oxford and Portland: Hart, 2006), pp. 269 et sqq Google Scholar.

6 Cameron, David and Clegg, Nick, “Foreward”, in The Coalition: Our Programme for Government (London: HM Government, 2010), at p. 7, available on the Internet at <http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/documents/digital-asset/dg_187876.pdf> (last accessed on 4 January 2012)Google Scholar.

7 Ibid.

8 Adam Burgess, “‘Nudging’ Healthy Lifestyles: The UK Experiments with the Behavioural Alternative to Regulation and the Market”, 3 European Journal of Risk Regulation (2012), this issue, citing Virginia Bottomley, “Health of the Nation”, Hansard, 8 July 1992, Vol. 211, cc.335, available on the Internet at <http://hansard.millbanksystems.com/commons/1992/jul/08/health-of-the-nation> (last accessed on 4 January 2012).

9 Preamble to the Constitution of the World Health Organization as adopted by the International Health Conference, New York, 19 June to 22 July 1946, 2 Official Records of the World Health Organization, at p. 100.

10 Patient Self-Determination Act, Pub. L. No. 101-508, Title IV, §§ 4206, 4751, 104 Stat. 1388-115, 1388-204 (1990).

11 Orly Lobel and On Amir, “Healthy Choices: Regulatory Design and Processing Modes of Health Decisions”, 1 July 2011, available on the Internet at <http://ssrn.com/abstract=1876734> (last accessed on 4 January 2012).

12 For these effects in other contexts outside the health policy arena, see Amir, On, Ariely, Dan and Carmon, Ziv, “The Dissociation Between Monetary Assessment and Predicted Utility”, 27 Marketing Science (2008), pp. 1055 et sqq CrossRefGoogle Scholar.

13 Redelmeier, Donald A., Rozin, Paul and Kahneman, Daniel, “ Understanding Patients’ Decisions: Cognitive and Emotional Perspectives”, 270 Journal of the American Medical Association (1993), pp. 72 et sqq., at p. 73CrossRefGoogle ScholarPubMed.

14 Amir, On, Pocheptsova, Anastasiya, Dhar, Ravi and Baumeister, Roy F., “Deciding Without Resources: Psychological Depletion and Choice in Context”, 46 Journal of Marketing Research (2009), pp. 344 et sqq Google Scholar.; Brice, Cindy, Loewenstein, George, Arnold, Robert et al., “Quality of Death: Assessing the Importance on end-of-life treatment in the intensive-care unit”, 42 Medical Care (2004), pp. 423 et sqq.CrossRefGoogle Scholar; Lobel and Amir, “Healthy Choices”, supra note 11.

15 Amir, On and Lobel, Orly, “Stumble, Predict, Nudge: How Behavioral Economics Informs Law and Policy”, 108 Columbia Law Review (2008), pp. 2098 et sqq Google Scholar.

16 Ibid., at p. 2124.

17 Cameron and Clegg, “Foreward”, supra note 6, at p. 7.

18 Suk, Julie C., “Preventive Health at Work: A Comparative Approach”, 59 American Journal of Comparative Law (2011), pp 1089 et sqq CrossRefGoogle Scholar.

19 Camerer, Colin, Issacharoff, Samuel, Loewenstein, George et al., “Regulation for Conservatives: Behavioral Economics and the Case for ‘Asymmetric Paternalism’”, 151 University of Pennsylvania Law Review (2003), pp. 1211 et sqq., at p. 1212CrossRefGoogle Scholar.

20 Loewenstein, George, “Because It Is There: The Challenge of Mountaineering … for Utility Theory”, 52 Kyklos (1999), pp. 315 et sqq., at p. 328CrossRefGoogle Scholar.

21 Burgess, supra note 8, citing Bovens, Luc, “The Ethics of Nudge”, in Yanoff-Grüne, Till and Hansson, Sven (eds.), Preference Change (New York: Springer, 2009), available on the Internet at <http://www.bovens.org/TheEthicsFV.pdf> (last accessed on 4 January 2012)Google Scholar.

22 Lobel, “Citizenship”, supra note 4.

23 Lobel, “The Renew Deal”, supra note 4.

24 Moore, Sarah E.H. and Burgess, Adam, “Risk Rituals?”, 14 Journal of Risk Research (2011), pp. 111 et sqq CrossRefGoogle Scholar.

25 Amir and Lobel, “Stumble, Predict, Nudge”, supra note 15, at p. 2130.