[J. S.] Mill offered a number of independent justifications for his famous harm principle, but one of his most important claims is that individuals are in the best position to know what is good for them. In Mill’s view, the problem with outsiders, including government officials, is that they lack the necessary information. Mill insists that the individual “is the person most interested in his own well-being,” and the “ordinary man or woman has means of knowledge immeasurably surpassing those that can be possessed by any one else.” ...Unreliable cognitive heuristics turn up again! In fact, the article mentions several by name that we have recently discussed. The fallout of these demonstrates that we should not be free.
But is it right? That is largely an empirical question... Many believe that behavioral findings are cutting away at some of the foundations of Mill’s harm principle, because they show that people make a lot of mistakes, and that those mistakes can prove extremely damaging.
For example, many of us show “present bias”... Many of us procrastinate and fail to take steps that would impose small short-term costs but produce large long-term gains....
People also have a lot of trouble dealing with probability. In some of the most influential work in the last half-century of social science, Daniel Kahneman and Amos Tversky showed that in assessing probabilities, human beings tend to use mental shortcuts, or “heuristics,” that generally work well, but that can also get us into trouble....
Even when there is only harm to self, [behavorist Sarah Conly] thinks that government may and indeed must act paternalistically so long as the benefits justify the costs.So there you go. That's where the best and brightest are headed.
Conly is quite aware that her view runs up against widespread intuitions and commitments. For many people, a benefit may consist precisely in their ability to choose freely even if the outcome is disappointing. She responds that autonomy is “not valuable enough to offset what we lose by leaving people to their own autonomous choices.” Conly is aware that people often prefer to choose freely and may be exceedingly frustrated if government overrides their choices. If a paternalistic intervention would cause frustration, it is imposing a cost, and that cost must count in the overall calculus. But Conly insists that people’s frustration is merely one consideration among many. If a paternalistic intervention can prevent long-term harm—for example, by eliminating risks of premature death—it might well be justified even if people are keenly frustrated by it....
At the same time, Conly insists that mandates and bans can be much more effective than mere nudges. If the benefits justify the costs, she is willing to eliminate freedom of choice, not to prevent people from obtaining their own goals but to ensure that they do so.
It occurs to me that, if they're going to insist on a utilitarian calculus of this sort, those of us who favor liberty can alter the calculus by raising the costs of coercion. If autonomy is not valuable enough to offset the benefits of us being led around by the nose, perhaps we should prepare to enforce some extra costs on anyone who attempts to deny us our traditional freedoms.






