Nudges and the limits of appropriate interference: reading backwards from J.S. Mill’s harm principle to Jeremy Bentham’s indirect legislation

ABSTRACT

The starting point of the present paper is the nudge phenomenon. The most disturbing element of nudge is its potential for individual manipulation, that is, for relying on initiatives that go beyond the acceptable limits of interference in individual choice. This feature is not ignored by nudge advocates, who discuss it extensively to justify the overriding benefits of such initiatives. In this discussion, they acknowledge the seminal importance of J.S. Mill’s harm principle, which is introduced in On Liberty. Academics without hidden agendas must look into Mill’s theories from an intellectual history perspective and study to what extent Mill’s harm principle lends support to the interference of government and society in private lives. This paper first unveils some contradictions in the interpretation of Mill’s harm principle in order to show that it is an unlikely source of philosophical justification for nudge proponents. The paper argues further that Mill was familiar with Jeremy Bentham’s writings on indirect legislation, presented in the Traités de legislation civile et pénale. It pinpoints elements of indirect legislation that are discussed by Mill in On Liberty, without ever naming them as such. The paper contends that Mill’s presentation of the harm principle can be read as a discussion with Bentham in relation to the appropriate limits of government intervention in people’s lives. This double reading of Mill and Bentham through the lens of indirect legislation makes it possible to pinpoint the main differences between the authors as regards the appropriate degree of government interference. Bentham’s theories appear to be a more appropriate source of philosophical justification for the use of nudges than Mill’s harm principle.     

A journey to Mars: John Dewey’s lectures and inquiry in China

ABSTRACT

Instead of the framework of influence–acceptance commonly used in previous studies, the author uses new sources to reexamine John Dewey’s visit to China from the perspective of interactive experience. This study presents Dewey’s lectures in China as the result of interrelationships among a variety of elements – Columbia University, different hosts and audiences, the media, all levels of the Chinese government, the domestic situation in the United States, the international situation, and Dewey’s expectations and work – against the general background of China’s New Culture Movement and new educational reforms. Dewey’s speeches on democracy, science, and new education were remarkably successful in the first year of his visit to China, but began to meet with resistance from some students beginning in June 1920. Because of the Red Scare in the United States, Dewey had to stay in China. In the second year of his visit, he gave warmly welcomed lectures on the same topics in Jiangxi, Fujian, and Guangdong Provinces. With a deeper understanding of China, Dewey not only identified himself with reform plans but also began to pay more attention to China’s economic problems. His inquiry into the problems confronting China is a good example of what he advocated in his lectures: seeing democracy, science, and new education as a way of thinking and carrying out actions and making intellectual choices while moving forward.     

治学不为媚时语惟寻真知启后人 --朱绍侯先生访谈录

朱绍侯先生是我国当代著名的历史学家,半个世纪来笔耕不辍,在中国古代史的诸多领域都取得了突出的学术成就。在对他的访谈中,内容涉及到了其治学经历、主要学术成果、学术风格及他长期形成的史学观和方法论等诸多方面。最后,朱先生还对当前学术研究的环境和风气提出了自己的评判,并对21世纪的中国古代史研究做出了乐观的展望。     

五代至元西安城垣范围及建制特点

本文在占有详实资料和实地考察的基础上,运用城市历史地理学方法,分析了五代至元时期与西安城(新城)督建者韩建有关的两个问题,探讨了此时期西安城的城垣范围及其建制特点,并揭示出西安城城墙、城门和城角的具体特征,从而全面地揭示了五代至元西安城垣的面貌。     

Bureaucratic Leverage over Policy Choice: Explaining the Dynamics of State-Level Reforms in Telecommunications Regulation

While state governments have enjoyed greater control over regulating local telephone service providers since 1984, movement toward efficiency-based policy reform (e.g., adoption of competitive markets) has proceeded slowly. We investigate this pattern by addressing how the degree of policy discretion held by state public utility commissions (PUCs) affects reform of local telephone exchange regulation. Using precise measures of both PUC discretion and state policy changes over time, we find that states with "stronger" PUCs (more policymaking authority) are significantly more likely to move toward efficiency-based policy regimes and away from traditional rate-of-return regimes. Greater PUC discretion systematically related to state adoption of efficiency-based reforms over time suggests that regulators are using updated information about policy impacts to inform their policymaking activities. Our findings contradict a common presumption that regulatory bureaucracies are simply motivated by a desire to increase their control over policymaking. Instead, state PUCs are a key source of telecommunications policy reform in the states.     

‘The terrible twos’: Gaining control in the nursery?

‘The terrible twos’ are often described as a time of ‘gaining control’, usually thought of as adults asserting control over children, who learn to control themselves. However, toddlerhood is as much about children learning to take control for themselves. This paper is an attempt to detail something of the social geography in the toddler room of a Scottish nursery, considering both styles of adult control and the ways in which toddlers attempt to appropriate and reconfigure space and time for themselves. That is, the ways in which space and time are negotiated in the course of day-to-day nursery life.