Law Commons^™

Nudges That Should Fail?, Avishalom Tor

Journal Articles

Professor Sunstein (2017) discusses possible causes for and policy implications of the failure of nudges, with a special attention to defaults. Though he focuses on nudges that fail when they should succeed, Sunstein recognizes that some failures reveal that a nudge should not have been attempted to begin with. Nudges that fail, however, does not consider fully the relationship between the outcomes of nudging and their likely welfare effects, most notably neglecting the troubling case of nudges that succeed when they should fail. Hence, after clarifying the boundaries of legitimate nudging and noting the fourfold relationship between the efficacy of …

A Crisis Of Caring: A Catholic Critique Of American Welfare Reform, Vincent D. Rougeau

Journal Articles

The current deterioration of the American economy is bringing new attention to the problem of poverty in the United States. After falling over the last few years, the number of Americans living in poverty has begun to rise once again. Notwithstanding the achievements of recent "welfare reforms," the American poor continue to be numerous by any measure.

Unfortunately, decades of affluence have exacerbated American tendencies to view liberal concepts such as freedom, autonomy, tolerance, and choice in ways that accentuate personal autonomy over community integration. These liberal values have been increasingly unhinged from strong countervailing principles like duty and responsibility, …