Curtailing freedoms to protect freedom: regulating against behavioural-informed infringements on a fair exchange

ABSTRACT Behavioural public policy is a relatively new, but already substantial, subfield of public policy. To date, paternalistic frameworks have tended to dominate this subfield, at least in terms of the rhetoric, but attempts at informing public policy with findings from behavioural science set within a liberal framework are emerging. In this article, I argue for a liberal vision for the field, and yet recognize that when one places a high premium on individual freedom it is inevitable that some will act upon their egoistic instincts to attempt to obtain advantage at the expense of others. Since some of those attempts will, in essence, use the findings of behavioural science in order to manipulate others in an exchange relationship, harms – or negative externalities – will be imposed upon the manipulated. This therefore provides a behavioural-informed justification to regulate against what might be adjudged as excessive harms, regulations that are defined here as budges. Budges sit well within a liberal behavioural public policy framework.