What often puzzles me about the political scene of Hong Kong is the utter lack of discussion on the philosophy of public policies. For instance, to take the easiest case, the motto of "small government" often chanted by legislators is not confined to governmental expenditure. Rather, it is the belief that the government's role should be limited to only where it is absolutely essential, that people should be trusted to live their life responsibly provided that the playing field is level and information for their decision-making is available. But I digress...

Here is an excellent article from the trusty Economist on an emerging trend of governance: Soft Paternalism.

The state is looking after you
Apr 6th 2006
From The Economist print edition

A new breed of paternalists is seeking to promote virtue and wisdom by default. Be wary

Liberals sometimes dream of a night-watchman state, securing property and person, but no more. They fret that societies have instead submitted to the nanny state, a protective but intrusive matriarch, coddling citizens for their own good. Economists, with their strong faith in rationality and liberty, have tended to agree. As many decisions as possible should be left in the individual's lap, because no one knows your interests better than you do. Most of us have gained from this freedom.

But a new breed of policy wonk is having second thoughts. On some of the biggest decisions in their lives, people succumb to inertia, ignorance or irresolution. Their private failings—obesity, smoking, boozing, profligacy—are now big political questions. And the wonks think they have an ingenious new answer—a guiding but not illiberal state.

What they propose is “soft paternalism”. Thanks to years of patient observation of people's behaviour, they have come to understand your weaknesses and blindspots better than you might know them yourself. Now they hope to turn them to your advantage. They are paternalists, because they want to help you make the choices you would make for yourself—if only you had the strength of will and the sharpness of mind. But unlike “hard” paternalists, who ban some things and mandate others, the softer kind aim only to skew your decisions, without infringing greatly on your freedom of choice. Technocrats, itching to perfect society, find it irresistible. What should the supposed beneficiaries think?

Choosing not to choose

Most people would accept that a healthy diet is hard to achieve, financial matters are confusing and cigarettes kill too many. The state is tempted to step in, not only because of the harm that smokers, lushes, spendthrifts and gluttons may do to others, but because of the harm they are doing to themselves. In Scotland last month the government banned smoking in offices, restaurants and pubs. In Massachusetts, the state legislature has passed a bill requiring everyone who can afford to buy health insurance to do so, on pain of higher taxes.

This is hard paternalism. The softer sort is about nudging people to do things that are in their best interests. The purest form involves setting up systems for sinners to reform themselves: in Missouri for instance, some 10,000 compulsive gamblers have banned themselves from riverboat casinos; if they succumb to their habit (and are caught) they face tough punishments. In most cases, though, soft paternalism means the government giving people a choice, but skewing the choice towards the one their better selves would like to make.

For instance, in many countries plenty of workers fail to enrol in pension schemes and suffer as a result. The reason is not that they have decided against joining, but that they haven't decided at all—and enrolling is cumbersome. So why not make enrolling in the scheme the default option, still leaving them the choice to opt out? Studies have shown this can nearly double the enrolment rate. Lord Turner, head of Britain's Pensions Commission, is the latest soft paternalist to recommend such a scheme.

Soft paternalists also want to give people more room to rethink “hot and hasty” decisions. They favour cooling-off periods before big decisions, such as marriage, divorce or even buying cigarettes. Some of them toy with elaborate “sin licences”, which would entitle the holder to buy cigarettes, alcohol or even perhaps fatty foods, but only at times and in amounts the licenceholder himself signed up to in advance.

If people want this kind of customised paternalism, why can't the market, in the shape of rehab clinics and personal trainers, provide it? Soft paternalists argue that, without the power of the state behind such schemes, they will often break down: the sovereign consumer can always veto his own decisions. He can fire his personal trainer or check out of the clinic. Long before the government took it upon itself to ban opium from general sale, Samuel Taylor Coleridge, a Romantic poet and drug addict, used to hire porters to bar his entry to apothecaries. But he would later threaten to have them arrested if they did not let him pass.

Letting the mice play

Soft paternalism has much in its favour. First, it is certainly better than hard paternalism. Second, a government has to provide information to citizens in order for them to make rational decisions on everything from smoking to breastfeeding to organ donation. Even a government reluctant to second-guess its citizens ends up advising them in one way or another. What people decide they want is often a product of the way a choice is framed for them—they take the first thing on the menu, or a bit of everything. Even a truly liberal government would find itself shaping the wishes and choices to which it earnestly wants to defer. It's surely better to lure people into pension schemes than out of them.

Yet from the point of view of liberty, there is a serious danger of overreach, and therefore grounds for caution. Politicians, after all, are hardly strangers to the art of framing the public's choices and rigging its decisions for partisan ends. And what is to stop lobbyists, axe-grinders and busybodies of all kinds hijacking the whole effort? There is, admittedly, a safety valve. People remain free to reject the choices soft paternalism tries to guide them into—that is what is distinctive about it. But though people will still have this freedom, most won't bother to use it—that is what makes soft paternalism work. For all its potential, and its advantage over paternalism of the hard sort, this is a tool that transfers power from the individual to the state, which only sometimes knows best.

Its champions will say that soft paternalism should only be used for ends that are unarguably good: on the side of sobriety, prudence and restraint. But private virtues such as these are as likely to wither as to flourish when public bodies take charge of them. And life would be duller if every reckless spirit could outsource self-discipline to the state. Had the government deprived Coleridge of opium, he might have been happier. Then again, there might have been no “Kubla Khan”.