Path dependencies of nudging, and how to overcome them

Abstract

In a thought-provoking comment on the legitimacy of nudging, Towfigh and Traxler rightly point out that nudges have many facets. As a result, their legitimacy has to be judged case by case. Responding partly to Towfigh and Traxler and partly to the broader issue of the legitimacy of nudging, I want to distinguish between two aspects that are raised in the comment: firstly, public and legal legitimacy and secondly, legitimacy among legal professionals.