Changing People's Preferences by the State and the Law
CHANGING PEOPLE'S PREFERENCES BY THE STATE AND THE LAW Ariel Porat* In standard economic models, two basic assumptions are made: the first, that actors are rational and, the second, that actors' preferences are a given and exogenously determined. Behavioral economics—followed by behavioral law and economics—has questioned the first assumption. This article challenges the second one, arguing that in many instances, social welfare should be enhanced not by maximizing satisfaction of existing preferences but by changing the preferences themselves. The article identifies seven categories of cases where the traditional objections to intentional preferences change by the state and the law lose force and argues that in these cases, such a change warrants serious consideration. The article then proposes four different modes of intervention in people's preferences, varying in intensity, on the one hand, and the identity of their addressees, on the other, and explains the relative advantages and disadvantages of each form of intervention. * Alain Poher Professor of Law at Tel Aviv University, Fischel-Neil Distinguished Visiting Professor of Law at the University of Chicago Law School, Visiting Professor of Law at Stanford Law School (Fall 2016) and Visiting Professor of Law at Berkeley Law School (Spring 2017). For their very helpful comments, I thank Ronen Avraham, Oren Bar-Gill, Yitzhak Benbaji, Hanoch Dagan, Yuval Feldman, Talia Fisher, Haim Ganz, Jacob Goldin, Sharon Hannes, David Heyd, Amir Khoury, Roy Kreitner, Tami Kricheli-Katz, Shai Lavi, Daphna Lewinsohn- Zamir, Nira Liberman, Amir Licht, Haggai Porat, Eric Posner, Ariel Rubinstein, Uzi Segal, and the participants in workshops at the Interdisciplinary Center in Herzliya and the Tel Aviv University Faculty of Law.
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