Nudging Health: Health Law and Behavioral Economics: [Review]

Ideas of nudging, choice architecture, and libertarian paternalism have sparked much controversy. Some find in them a long-sought optimal harmonization of the commitments to beneficent, welfare-increasing influence and to respecting persons, whereas people on the opposite end see in them an especially sinister form of control. One area in which these ideas are of greatest importance is health care, where improving people's decisions, under the constraint of respect for persons, is a vital concern. Nudging Health: Health Law and Behavioral Economics, edited by Glenn Cohen, Holly Fernandez Lynch, and Christopher Robertson, is the first book dedicated to this important topic. This anthology of twenty-four chapters, with section introductions and a foreword by Cass Sunstein, presents a wide spectrum of perspectives on both the promise and the difficulties in applying choice architecture to health care. The short and readable chapters, written for the book, cover questions of public health law and policy, clinical practice, medical ethics, and political philosophy. They present a synopsis of the types of questions that nudging brings up in health care broadly construed, offer new analyses, and provide much fodder for thought.