Abstract

The article deals with the problems of restriction and control over freedomof choice in libertarian paternalism. The relevance of the article is determined by the request in modern Ukrainian society for this type of relationship between the state and the individual where the state acts as a “strong father”, “leader” and the individual has a low level of responsibility and initiative. The purpose of the study is to determine the range of problems related to the freedom of choice in “libertarian paternalism”. The article reveals the concept of “paternalism”, “libertarian paternalism”, explores the main work and publications on this issue.The author aims to describe the concept of “libertarian paternalism” and explore the problem of restricting freedom of choice, which naturally arises upon a detailed review of this concept. The basic idea of libertarian paternalism is that the individual is not able to effectively make decisions and determine what his purpose and interests are, and implies the presence of someone who knows this better than the so-called “architect of choice”. However, in this case a logical question arises - “Who can know better than a man himself his true goals and why does this Someone have the right to determine his goals for a person and in this case restrict his freedom?The philosophy of freedom and distrust towards state authorities has strong roots in the Ukrainian mentality since the times of the Cossacks. The request for a change of acting power, which once again shows Ukrainian society at the next elections, suggests that the ideas of libertarianism are more relevant in Ukrainian society than ever, but in the modern Ukrainian philosophical discourse the theoretical foundations of “libertarianism” are not fully explored. The urgency of the article is conditioned by a request in modern Ukrainian society on this type of relationship between the state and the individual where the state acts as a “strong father”, “leader”, and the individual has a low level of responsibility and initiative. The weakness of the theory of libertarian paternalism lies in the fact that it lacks a scientific discussion and in-depth study. Libertarian Paternalism is broadly understood, architects of choice can use both state and non-state instruments of influence, but in the works of Thaler and Sunstein, the possibilities of state regulation are largely ignored.Thaler and Sunstein imagine architects with the power to shape a social choice - poorly informed, unable to adequately perceive reality under the influence of emotions, however, they describe a system in which there is no feedback. This is themain problem of libertarian paternalism, it restricts the freedom of people’s choice not on the basis of people’s decisions, but on the basis of the inference of “architects of choice.” Libertarian paternalism may get rid of the limits of freedom of choice in cases where the individual himself has an initiative to control his actions.

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