ABSTRACT

In this chapter, the authors suggest some principles of legitimacy—a kind of Bill of Rights for Nudging. They show that as for other Bills of Rights, the items on the list should be taken as broad principles, rather than as concrete specifications. In terms of designing any Bill of Rights, that simple intuition is an excellent place to start. Bills of Rights, frequently included in constitutions, sometimes define the idea of political legitimacy. Discussions of legitimacy sometimes focus on the topic of individual rights, emphasizing freedom of speech, freedom of religion, and the right to due process of law. Discussions of legitimacy also focus more broadly on the topic of coercion, and in particular on coercion from government, which has a monopoly on the legitimate use of force. The authors deal with two candidates. The first involves autonomy. The second involves welfare.