Fifty Shades of Manipulation by Cass R. Sunstein
Abstract
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.
@ Fifty Shades of Manipulation by Cass R. Sunstein :: SSRN:
Source: http://gmopundit.blogspot.com/2017/03/fifty-shades-of-manipulation-by-cass-r.html
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