Improving public health through behavioural rules: a legitimate legislative project?

This article concerns the proper role of governments when adopting legislative rules to improve public health. These rules have led to claims that governments embrace paternalism as a legislative principle which, in turn, facilitates the creation of the ‘Nanny State’. However, whilst the ‘Nanny State’ controls or even prohibits behaviour which the State deems to be harmful, the ‘Nudge State’ merely influences and manipulates peoples’ choices by making non-wanted behaviour economically expensive or socially undesirable. This article provides examples of ‘Nudge State’ intervention in the health sector. It analyses the rise of the ‘Nudge State’ and critically assesses this development. The article argues that ultimately, ‘Nudge State’ measures are futile and obstruct the proper role of government