Douglas Ginsburg and I have posted “Free to Err: Behavioral Law and Economics and its Implications for Liberty” on the new and very good Liberty Forum. Our contribution is based upon a more comprehensive analysis of the implications of behavioral law and economics for both economic welfare and liberty forthcoming in the Northwestern Law Review. We were fortunate to draw several thoughtful responses to our piece as part of the Forum, and I’ve provided links to those here:
- Nudging for Liberty (Patrick Lynch)
- Putting Our Bourgeois-Bohemian Rulers in Their Place (Peter Lawler)
- The Paternal State and the Police State (Mario Rizzo)
- Is the Hayekian Response to “Libertarian Paternalism” Sufficient? (Joseph Postell)
We have have some thoughts to the various responses later, but please do go and read them.
And a reminder to readers interested in the topic more generally that our “Free to Choose” symposium on behavioral law and economics is available here.
