The Problem With Nudges: Paternalism, Autonomy, and Transparency = O Problema com os Nudges: Paternalismo, Autonomia e Transparência

Nudging as a tool of public policies has often been criticized on account of two assumptions: 1) it is more dangerous than traditional command & control regulation for human dignity and autonomy; 2) when it is justified on paternalistic grounds, it is even more problematic than in its non-paternalistic applications. This paper seeks to challenge both assumptions, by showing that the main problem with nudging is one of transparency, but this can be obtained without impairing its effectiveness; moreover, paternalistic nudging is means paternalism, not ends paternalism, which means that it is not a form of perfectionism superimposed on the people’s individual ends.