Do certain cases that are sometimes (rightly or wrongly) classified as nudges
compromise otherwise valid “consent? In particular, consider the following cases:
• A physician intentionally employs a particular framing device in order to make it
more likely that her patient select the treatment option by presenting it in terms of
the likelihood of gains rather than losses.
• An opt-out policy for organ donation.
• A third example of your choosing discussed in class or in the readings.
Your essay should include
(1) a discussion of why consent is important and what justifies the practice. If the
justification includes respect for autonomy, then be sure to say what you take
autonomy to mean in this context. Give reasons for your answer.
(2) A discussion of what valid consent entails given your answer to (1). (For
example: does it entail the assurance that the agent has made a rational
decision? That the agent has access to all or some relevant information? That
the agent has made a decision that is in his or her best interests? None of these
or more than one of these? Something else altogether?) Explain and given
reasons for your answer.
(3) An analysis of the cases at hand in light of (2). Say whether each of the cases
invalidates consent or not.
(4) A defense of your answer against potential objections.
(5) Discussion of at least three works in the class from any of the following: Arpaly,
O’Neill, Wertheimer and Miller, Thaler and Sunstein, Rajzci, Cohen, or Chwang.
(1) Your paper should be between 1800-2400 words in length. Please write the word
count on the front of your paper.
(2) Your paper should have a cover sheet. Your name should appear on the cover
sheet, and not elsewhere on the paper, but the title and page count should appear on
the first page of the paper.
(3) Please type your papers using a 12-point font and 1-inch margins on all sides.
(4) Please use this advice for writing a philosophy paper from Professor Jim Pryor,