Abstract
A statement or action can be said to be manipulative if it does not sufficiently engage or appeal to people’s capacity for reflective and deliberative choice. One problem with manipulation, thus understood, is that it fails to respect people’s autonomy and is an affront to their dignity. Another problem is that if they are products of manipulation, people’s choices might fail to promote their own welfare, and might instead promote the welfare of the manipulator. To that extent, the central objection to manipulation is rooted in a version of Mill’s Harm Principle: People know what is in their best interests and should have a (manipulation-free) opportunity to make that decision. On welfarist grounds, the norm against manipulation can be seen as a kind of heuristic, one that generally works well, but that can also lead to serious errors, at least when the manipulator is both informed and genuinely interested in the welfare of the chooser. For the legal system, a pervasive puzzle is why manipulation is rarely policed. The simplest answer is that manipulation has so many shades, and in a social order that values free markets and is committed to freedom of expression, it is exceptionally difficult to regulate manipulation as such. But as the manipulator’s motives become more self-interested or venal, and as efforts to bypass people’s deliberative capacities becomes more successful, the ethical objections to manipulation become very forceful, and the argument for a legal response is fortified. The analysis of manipulation bears on emerging first amendment issues raised by compelled speech, especially in the context of graphic health warnings. Importantly, it can also help orient the regulation of financial products, where manipulation of consumer choices is an evident but rarely explicit concern.
Highlights
It ranks among the most powerful scenes in the history of television
To display scenes from a once-happy family, Draper tells his potential clients[1]: In Greek, "nostalgia" literally means, "the pain from an old wound." It's a twinge in your heart, far more powerful than memory alone
It is tempting to adopt a simple definition, to this effect: A statement or action is manipulative to the extent that it does not engage or appeal to people’s capacity for reflective and deliberative choice
Summary
It ranks among the most powerful scenes in the history of television. Don Draper is charged with producing an advertising campaign for Kodak, which has just invented a new slide projector, with continuous viewing. It is not possible to know whether manipulation is involved without asking about the sufficiency of people’s capacity to deliberate on the question at hand.[22] We can imagine clear cases of manipulation (subliminal advertising23), cases that clearly fall outside of the category (for example, a warning about deer crossings in a remote area), and cases that can be taken as borderline (a vivid presentation about the advantages of a particular mortgage or a redesign of a website to attract customers to the most expensive products).[24] It is important to emphasize that countless choices are at least partly a product of variables that do not involve reflective deliberation – and choosers tend to be unaware of that fact.[25] The problem of manipulation arises when choosers justly complain that because of the actions of a manipulator, they have not, in a sense, had a fair chance to make a decision on their own.[26] Often the distinguishing mark of manipulation is a justified sense of ex post betrayal.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.