Interessante artigo de Cass
Sunstein, publicado pelo New York Review of Books de março/2013, sobre o
conflito entre leis de proteção aos indivíduos (como a limitação da venda de
cigarros, refrigerantes, a lei que criou uma proteção pública mais ampla para a
população estadunidense, etc.) e a possível ofensa à liberdade individual.
“Mill’s
claim has a great deal of intuitive
appeal. But is it right? That is largely an empirical question, and it
cannot
be adequately answered by introspection and intuition. In recent
decades, some
of the most important research in social science, coming from
psychologists and
behavioral economists, has been trying to answer it. That research is
having a
significant influence on public officials throughout the world. Many
believe
that behavioral findings are cutting away at some of the foundations of
Mill’s
harm principle, because they show that people make a lot of mistakes,
and that
those mistakes can prove extremely damaging (...) Emphasizing these and
related behavioral findings, many people have been arguing for a new
form of paternalism, one that preserves freedom of choice, but that also
steers citizens in directions that will make their lives go better by
their own lights”
http://www.nybooks.com/articles/archives/2013/mar/07/its-your-own-good/?utm_medium=email&utm_campaign=February+19+2013&utm_content=February+19+2013+CID_59c0be5a594ffdee88690c9ad2b3026d&utm_source=Email%20marketing%20software&utm_term=Its%20For%20Your%20Own%20Good
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