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An Obama administration initiative to create a behavioral insights team could be perceived as further evidence of a federal government out of control. Personal choice and free-will could be viewed as under attack, or at least under the influence of another politically appointed “czar”.
Truthfully, behavioral “nudges” have been around for decades. The Office of Information and Regulatory Affairs, the office Sunstein headed from 2009 to 2012, began operating under Reagan to reduce redundant costly regulation. Using cost-benefit analyses, regulators eliminated obstacles to beneficial behaviors and increased regulation to influence avoidance elsewhere. These were “nudges”. For his part Sunstein boasts an impressive record of eliminating wasteful regulation, saving individuals and businesses billions of dollars.
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Under a “nudging” system, consumers can avoid mistakes and remorse while saving time and money. But what about societal “nudging”? In England a behavior team was successful with tweaking communications that “nudged” people to pay their taxes on-time and in full; a pretty simple “nudge”.
In Austria, a default position is consent to organ and tissue donation unless an individual elects to opt-out of the program; a substantial “nudge” that challenges religious and cultural beliefs and might be better left to legislators.
The problem we see is that government currently has economists and lawyers directing “nudging”. While these professionals are learned and avid students of behavior, the proper use of choice architecture requires a deeper understanding of psychology, psychodynamics, and neurology, along with an unequivocal adherence to beneficence.
For these reasons, the most appropriate leaders and contributors to behavioral insights are consulting psychologists.
Consulting psychologists are trained in the theory and practice of psychology, the methodologies of choice architecture, the appropriate treatment of humans and their relationships, and they operate within the ethical guidelines of the American Psychological Association (APA). Appointment of a consulting psychologist to the leadership of a behavioral insights team addresses the well-founded criticism that “nudging” may be subject to political abuse. Consulting psychologists operate within distinct boundaries. They are in the business of assisting individuals and organizations make better choices for themselves while avoiding conflicts of interest and rebuking political influences; and they have been doing it for organizations for decades.
To further guide “nudging”, we propose a code of ethics based on the five general principles of the APA: Beneficence and Non-maleficence, Fidelity and Responsibility, Integrity, Justice and Respect for People's Rights, and Dignity, along with the following extensions to help identify good “nudge” targets: The “nudge” must…
1. Produce a substantial individual or public saving or gain in respect to its cost;
2. Not conflict with personal, religious, or established cultural beliefs or behaviors;
3. Not create public policy but support it and enhance it;
4. Not conflict with Constitutional freedoms;
5. Preserve individual freedom of choice;
6. Not place anyone in a special condition or create inequality among citizens;
7. Be disclosed, its underlying rationale explained, and subjected to public scrutiny before adoption.