Is Individual Liberty Over-Rated?

One of the biggest misconceptions about post-rational behavioral research is that its effects on society are small. From the news you get the impression "behavioral economics" is all about changing the 401(k) plan from opt-in to opt-out, or informing people, via their bills, how their electricity use compares to the neighbors'. All of which is well and good (opt-out yields a much higher participation rate in the plans and the comparative-use trick gets power-hogs to dial back). This is contrary to the old "Rational Economic Man" model, but what's the big whoop about some policy nips and tucks? To see just how myopic that view is, look no further than Cass Sunstein's latest article in the current issue of the New York Review of Books. What prompts the 401(k) revise and other mild-mannered "choice architecture" policies, he notes, is good evidence that people are not always the best judges of their own interests. And if you concede that point, then you have to concede that one of the foundations modern democracy—the notion that each of us is entitled to make her own choices and her own mistakes—appears to rest on … nothing.


Uh-oh. The presumption that you know how to look after yourself, that reason 21st birthdays are so special, is one of the most cherished privileges in modern society. After all, most societies restrict what children can do (and buy) because they lack the ability to make good judgements about what is in their interest. Adulthood is supposedly the period in which that handicap is gone. What's the most common way for Americans to express outrage at violations of our precious adult autonomy? By complaining that we're not children. That's why "paternalism" has a bad name and supposedly no citizen wants to live in a "nanny state." But if adults aren't that much better than kids at certain kinds of assessment, it's reasonable to start talking about paternalism without outrage—even "coercive paternalism," in which the state makes damn sure you can't make your own mistakes. This kind of tough-love nanny state is a perfectly logical consequence of modern behavioral research, argues the philosopher Sarah Conly, whose book Sunstein is reviewing in his essay. Her mild-mannered title: Against Autonomy: Justifying Coercive Paternalism.

I haven't read the book yet, but Sunstein's respectful review merits attention on its own, for two reasons. First, it's a succinct account of how the end of "Rational Economic Man" assumptions necessarily opens the way to a profound re-think about how people live their lives, and think of their rights and obligations. Second, Sunstein's interest in the topic is far from theoretical. He spent President Obama's first term as head of the White House Office of Information and Regulatory Affairs, which reviews and modifies all proposed federal regulations before they go into effect. When he declares that behavioral research "is having a significant influence on public officials throughout the world," he is not a writer hyping his point. He's a practitioner, embodying it.

It's hard to understate the challenge that post-rational research poses for our current social contract. The notion that we are rational about ourselves—that whenever we wish we consciously reason our way to our choices—is, after all, the basis of modern civil rights. To be enlightened, Immanuel Kant explained, one must "use one's understanding without guidance,'' and this is impossible without freedom of speech and of thought. (Hence, Kant ridiculed people who lazily used the judgment of others as a guide.) "Error of opinion may be tolerated," wrote Thomas Jefferson, "where reason is left to combat it." Then, too, if we can be rational about ourselves at will, then it follows that each of us is both the best judge and the best guardian of his/her own well-being. After all, we have the most knowledge of the subject and the most motivation to reach the right answer. And the reason we apply to that information is just as good as anyone else's.

This argument, so central to our modern notions of autonomy and equality, was brilliantly made in the middle of the 19th century by John Stuart Mill, in On Liberty. Given that I am the best judge of my own interests, Mill argued, there can be no legitimate reason to compel me to do something "for my own good." Of course, Mill wrote, "this doctrine is meant to apply only to human beings in the maturity of their faculties," not children or "barbarians" who can't make good judgments: "Those who are still in a state to require being taken care of by others, must be protected against their own actions as well as against external injury."

To Mill, all this was self-evident. Today, researchers in psychology and behavioral economics (and, I'd add, some other disciplines too), treat the claim as an empirical question. And, Sunstein writes, their evidence shows that Mill was simply wrong. People certainly can make good judgements about their own interests some of the time, but it appears likely that no one does this reliably all the time. In deciding how to conduct themselves in their own lives, Sunstein writes, "people make a lot of mistakes, and that those mistakes can prove extremely damaging."

So that category of "those who must be protected against their own actions" includes pretty much everyone at some time or other. As many have said to children over the ages, too bad if you don't like the nanny. You need one.

Before he became a shaper of government rules and regulations, Sunstein was best known as the creator, with Richard Thaler, of the principle of "libertarian paternalism": The theory that authorities should, as the pair have written, "attempt to steer people’s choices in welfare-promoting directions without eliminating freedom of choice." Yet, he acknowledges, the questions raised are open. His is not the only possible response to post-rational research.

As the philosopher Thomas Nagel has put it, the evidence shows that there is an unacknowledged influence on our behavior—an influence that rationalist models of the mind fail to describe. We've only started to address what that means for our ideas about self and society. At the least, we need to make sure that the future management of that unacknowledged influence is done transparently and democratically.

Or we could just drift along, imaging that behavioral research will inform only little tweaks the workings of markets, courts, workplaces, schools and other important places. In which case the transition to a post-rationalist era could end badly. It could, for example, end in a world where big corporations pay lip service to "freedom of choice" even as they spend billions on tools to wield unacknowledged influence (which can't be regulated because the official ideology of rational choice doesn't register it). Or it could end in a heavy-handed nanny state in which "choice architecture" isn't democratically debated but rather imposed by elite high-achievers.

Sunstein, though he admires Conly's "careful, provocative and novel" argument, clearly does not want to go there. Despite predictable attacks on this article from the usual suspects, he is not easily turned into an anti-freedom cartoon. In fact, he identifies the problems with excessive paternalism clearly: First, the problem of being certain that "for your own good" is correct (as we have seen since 2008, someone may be quite right to want to avoid investing in a 401(k) plan that "experts" consider wise). Second, the problem of reflecting the genuine diversity of the human race, in which some may genuinely be better off enjoying their meals than they would have been living until 98.

Conly's is, of course, a philosophy book, designed to clarify thinking, not a political manifesto. So, yes, her argument is not a realistic political threat to Big Tobacco. But philosophers who change public discourse are the harbingers of new ideas among law professors and judges and think tanks, and those eventually lead to policy change. (You could ask John Stuart Mill, if he were alive and felt like answering you of his own free will, about the eventual impact of theory on politics and society.) In 2013, "coercive authoritarianism" may be politically unrealistic. But the news here is that in 2013, after 150 years or so of rarely-questioned respect for the principle of individual autonomy among non-religious political thinkers, the terms of the debate are moving.

Illustration: Influenced by the Pied Piper, the children of Hamelin freely choose an action that is not in their best long-term interests. Via Wikimedia.

Follow me on Twitter: @davidberreby

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Political division is nothing new. Throughout American history there have been numerous flare ups in which the political arena was more than just tense but incideniary. In a letter addressed to William Hamilton in 1800, Thomas Jefferson once lamented about how an emotional fervor had swept over the populace in regards to a certain political issue at the time. It disturbed him greatly to see how these political issues seemed to seep into every area of life and even affect people's interpersonal relationships. At one point in the letter he states:

"I never considered a difference of opinion in politics, in religion, in philosophy, as cause for withdrawing from a friend."

Today, we Americans find ourselves in a similar situation, with our political environment even more splintered due to a number of factors. The advent of mass digital media, siloed identity-driven political groups, and a societal lack of understanding of basic discursive fundamentals all contribute to the problem.

Civil discourse has fallen to an all time low.

The question that the American populace needs to ask itself now is: how do we fix it?


Discursive fundamentals need to be taught to preserve free expression

In a 2017 Free Speech and Tolerance Survey by Cato, it was found that 71% of Americans believe that political correctness had silenced important discussions necessary to our society. Many have pointed to draconian university policies regarding political correctness as a contributing factor to this phenomenon.

It's a great irony that, colleges, once true bastions of free-speech, counterculture and progressiveness, have now devolved into reactionary tribal politics.

Many years ago, one could count on the fact that universities would be the first places where you could espouse and debate any controversial idea without consequence. The decline of staple subjects that deal with the wisdom of the ancients, historical reference points, and civic discourse could be to blame for this exaggerated partisanship boiling on campuses.

Young people seeking an education are given a disservice when fed biased ideology, even if such ideology is presented with the best of intentions. Politics are but one small sliver for society and the human condition at large. Universities would do well to instead teach the principles of healthy discourse and engagement across the ideological spectrum.

The fundamentals of logic, debate and the rich artistic heritage of western civilization need to be the central focus of an education. They help to create a well-rounded citizen that can deal with controversial political issues.

It has been found that in the abstract, college students generally support and endorse the first amendment, but there's a catch when it comes to actually practicing it. This was explored in a Gallup survey titled: Free Expression on Campus: What college students think about First amendment issues.

In their findings the authors state:

"The vast majority say free speech is important to democracy and favor an open learning environment that promotes the airing of a wide variety of ideas. However, the actions of some students in recent years — from milder actions such as claiming to be threatened by messages written in chalk promoting Trump's candidacy to the most extreme acts of engaging in violence to stop attempted speeches — raise issues of just how committed college students are to
upholding First Amendment ideals.

Most college students do not condone more aggressive actions to squelch speech, like violence and shouting down speakers, although there are some who do. However, students do support many policies or actions that place limits on speech, including free speech zones, speech codes and campus prohibitions on hate speech, suggesting that their commitment to free speech has limits. As one example, barely a majority think handing out literature on controversial issues is "always acceptable."

With this in mind, the problems seen on college campuses are also being seen on a whole through other pockets of society and regular everyday civic discourse. Look no further than the dreaded and cliche prospect of political discussion at Thanksgiving dinner.

Talking politics at Thanksgiving dinner

As a result of this increased tribalization of views, it's becoming increasingly more difficult to engage in polite conversation with people possessing opposing viewpoints. The authors of a recent Hidden Tribes study broke down the political "tribes" in which many find themselves in:

  • Progressive Activists: younger, highly engaged, secular, cosmopolitan, angry.
  • Traditional Liberals: older, retired, open to compromise, rational, cautious.
  • Passive Liberals: unhappy, insecure, distrustful, disillusioned.
  • Politically Disengaged: young, low income, distrustful, detached, patriotic, conspiratorial
  • Moderates: engaged, civic-minded, middle-of-the-road, pessimistic, Protestant.
  • Traditional Conservatives: religious, middle class, patriotic, moralistic.
  • Devoted Conservatives: white, retired, highly engaged, uncompromising,
    Patriotic.

Understanding these different viewpoints and the hidden tribes we may belong to will be essential in having conversations with those we disagree with. This might just come to a head when it's Thanksgiving and you have a mix of many different personalities, ages, and viewpoints.

It's interesting to note the authors found that:

"Tribe membership shows strong reliability in predicting views across different political topics."

You'll find that depending on what group you identify with, that nearly 100 percent of the time you'll believe in the same way the rest of your group constituents do.

Here are some statistics on differing viewpoints according to political party:

  • 51% of staunch liberals say it's "morally acceptable" to punch Nazis.
  • 53% of Republicans favor stripping U.S. citizenship from people who burn the American flag.
  • 51% of Democrats support a law that requires Americans use transgender people's preferred gender pronouns.
  • 65% of Republicans say NFL players should be fired if they refuse to stand for the anthem.
  • 58% of Democrats say employers should punish employees for offensive Facebook posts.
  • 47% of Republicans favor bans on building new mosques.

Understanding the fact that tribal membership indicates what you believe, can help you return to the fundamentals for proper political engagement

Here are some guidelines for civic discourse that might come in handy:

  • Avoid logical fallacies. Essentially at the core, a logical fallacy is anything that detracts from the debate and seeks to attack the person rather than the idea and stray from the topic at hand.
  • Practice inclusion and listen to who you're speaking to.
  • Have the idea that there is nothing out of bounds for inquiry or conversation once you get down to an even stronger or new perspective of whatever you were discussing.
  • Keep in mind the maxim of : Do not listen with the intent to reply. But with the intent to understand.
  • We're not trying to proselytize nor shout others down with our rhetoric, but come to understand one another again.
  • If we're tied too closely to some in-group we no longer become an individual but a clone of someone else's ideology.

Civic discourse in the divisive age

Debate and civic discourse is inherently messy. Add into the mix an ignorance of history, rabid politicization and debased political discourse, you can see that it will be very difficult in mending this discursive staple of a functional civilization.

There is still hope that this great divide can be mended, because it has to be. The Hidden Tribes authors at one point state:

"In the era of social media and partisan news outlets, America's differences have become
dangerously tribal, fueled by a culture of outrage and taking offense. For the combatants,
the other side can no longer be tolerated, and no price is too high to defeat them.
These tensions are poisoning personal relationships, consuming our politics and
putting our democracy in peril.


Once a country has become tribalized, debates about contested issues from
immigration and trade to economic management, climate change and national security,
become shaped by larger tribal identities. Policy debate gives way to tribal conflicts.
Polarization and tribalism are self-reinforcing and will likely continue to accelerate.
The work of rebuilding our fragmented society needs to start now. It extends from
re-connecting people across the lines of division in local communities all the way to
building a renewed sense of national identity: a bigger story of us."

We need to start teaching people how to approach subjects from less of an emotional or baseless educational bias or identity, especially in the event that the subject matter could be construed to be controversial or uncomfortable.

This will be the beginning of a new era of understanding, inclusion and the defeat of regressive philosophies that threaten the core of our nation and civilization.