Nudging as a Matter of Politics

Abstract

Nudging is about effective solutions for social problems and a parallel case to other regulatory approaches. It fits into the tradition of rational policy-making. It requires a political decision on whether or not nudging should be chosen as an instrument to remedy the social costs entailed with risky behavior. And from a legal point of view it has to be reviewed whether the measure chosen is not a disproportionate loss of freedom for the individual. This requires balancing the interests. As nudging is a matter of politics we have to discuss it in the political arena.