UNIVERSITY OF WYOMING
TOPICS IN POLITICAL SCIENCE:
FREEDOM, REGULATION, AND POLICY
POLS 4710/5810
Spring, 2016
Dr. Brent Pickett
307-268-3563
bpick@uwyo.edu
UU room 437 (at UW-Casper)
Office hours: Tuesday 1-2:30 p.m., Thursday 1-2:30 p.m., and by appointment.
This class meets Tuesday evenings from 7 to 9:50 p.m. via videoconference.
Course Description:
One of the core issues involved in public policy making, including in regulatory policy, is
the appropriate scope of regulation and state intervention more generally. Within the
political process this has often been seen through a framework that posits trade-offs
between freedom versus more interventionist policies made in the name of the prevention
of harm to others, the promotion of the common good, or to protect individuals from
themselves. This course will critically examine this interpretive framework and its
assumptions, along with the broader arguments for either a policy framework generally
oriented towards maximizing (a certain form of) freedom or one that is frequently willing
to intervene to promote individual or collective well-being. To better understand the
former, the class will read John Stuart Mill’s On Freedom and Milton Friedman’s
Capitalism and Freedom. Mill’s book develops a series of arguments against paternalism
(whether by the state or in civil society) and for maximizing freedom, while Friedman—
in a similar vein—defends a robust version of laissez-faire economics. We will also read
Richard Thaler and Cass Sunstein’s Nudge and Sarah Conly’s Against Autonomy:
Justifying Coercive Paternalism to better understand the latter, interventionist approach.
In the second half of the course, while still devoting time and attention to the broader
theoretical frameworks, the class will develop case studies in which the competing
frameworks will be applied. Each student will select a specific regulatory area (subject to
the instructor’s approval), conduct research in that area, and will present her or his
findings at the end of the course.
The specific goals of the course are the following:
1. To understand the philosophic underpinnings of the case for less state intervention
in individual choices, along with free market arguments, in addition to the
philosophic arguments against such positions.
2. To understand contemporary research in the behavioral sciences that shows how
flawed people are in making choices, which contemporary defenders of
paternalism draw on to support their position.
3. To understand the ideas behind “choice architecture” in order to see how such an
approach may be effective in certain settings.
4. To analyze and apply the various theoretical approaches covered in the course
through the use of a case study (each student will develop a case study and
present his or her analysis to the class).
Required Readings:
John Stuart Mill, On Liberty
Yale University Press
9780300096101
Milton Friedman, Capitalism and Freedom
University of Chicago Press
0226264211
Sarah Conly, Against Autonomy: Justifying Coercive Paternalism
Cambridge University Press
9781107024847
Cass Sunstein and Richard Thaler, Nudge: Improving Decisions about Health, Wealth,
and Happiness
Penguin
9780143115267
There will be several additional readings assigned during the course. These can be found
in the Wyocourse shell in PDF form.
Course Requirements:
Participation: 20% (100 points total)
In addition to introducing you to the substantive material, this course also seeks to
improve your critical thinking skills and to develop your ability to communicate ideas
and deliberate with others. As a consequence, your participation in class discussions is
important both for the overall quality of the class and your grade in the course.
Exam: 20%
The final will be 20% of your grade (100 points). It will be identification and essay
question in format. Students can use their books during the exam, but they cannot access
their notes.
Case study: 20% (100 points total)
Prior to the beginning of spring break, each student is to write up a proposal explaining a
specific policy question she or he would like to examine. This proposal is worth 25 points
(5% of the semester grade). During the last three weeks of class, students will present
their case studies. This presentation is worth 75 points.
Writing assignments: 20%
In this course, students will be required to write one paper worth 20% (100 points) of
your course grade. It should present your case study. Paper expectations will be detailed
on the first day of class. The paper due date is to be determined, but late papers will be
penalized 25 points per day.
Response papers: 20%
Each student will write two response papers. They are worth 50 points each. These are to
be 4-6 pages in length. They should summarize the broad outline of the argument from a
specific reading and then offer some critical commentary of (which does not necessarily
imply disagreement with) that argument. Students will sign up for the papers in advance.
They are due by noon of the day that we will be discussing that reading. Students can
simply e-mail those to me as a Word attachment.
Grading: All written assignments and exams will be graded using the following scale:
93-100 A
90-92 A87-89 B+
83-86 B
80-82 B-
77-79
73-76
70-72
67-69
63-66
60-62
< 60
C+
C
CD+
D
DF
There are 500 points total available for the semester. Please note that final grades will not
use the plus/minus system.
For POLS 5710 students: Graduate students are required to read two additional books
over one of the central topics of the course (e.g., libertarianism, paternalism, differing
conceptions of freedom, etc.). These books are to be selected in consultation with me and
a book review (of five to seven pages) is due over each book. The seminar paper is
expected to explore the selected topic with a greater level of depth, and thus will need to
be of a greater length (probably around 20 pages). I also expect that the additional
readings will begin rather early in the semester, so that they will be able to contribute
what they are reading to the class discussions.
Each book review is worth 75 points. Your seminar paper is worth 150 points. Hence the
point total for graduate students is 700 pts.
***
Academic Honesty: Academic dishonesty (including plagiarism, multiple submission,
and all other offenses listed under University Regulation 802 rev 2) will not be tolerated.
Any violations of University policy will be handled through University procedures
explained at http://www.uwyo.edu/a&s/AppealsDishonesty/GuidelinesDishonesty
Punishment for violations of academic dishonesty standards will vary according to the
severity of the offense. Generally, at the low end they will be a zero for the assignment;
at the high end they will be an F for the semester. In addition, violators will be reported to
the Judicial Affairs office under the Dean of Students. Two infractions being reported to
this office typically result in that student being ejected from the University.
***
Accommodations for persons with documented disabilities require student registration
with University Disability Support Services (UDSS) in SEO, room 330 Knight Hall, 7666189, TTY 766-3073. Please make every effort to register and inform me of your needs
as soon as possible.
Attendance Policy – The University assumes that students will seek to profit from the
instructional program and will recognize the importance of attending every class meeting
of courses for which credit is expected. Responsibility for notifying faculty of absences,
and for arranging potential make-up, rests with the students. Students are allowed one
unexcused absence. After that their overall grade will be lowered by fifteen points for
each absence. Conversely, those students with perfect attendance will receive an extra 20
points at the end of the semester. Please note that even excused absences will take away
this bonus opportunity.
Civility – Civil behavior enhances the academic setting, and is expected at all times. The
academic environment welcomes a difference of opinion, discourse, and debate within a
civil environment.
Disclaimer:
This syllabus (and the schedule herein) is articulated as an expectation of class topics,
learning activities, and expected student learning. However, the instructor reserves the
right to make changes in this schedule that, within my professional judgment, would
result in enhanced or more effective learning on the part of the students. These
modifications will not substantially change the intent or objectives of this course and will
be done within the policies and procedures of the university.
Course schedule:
The following is a tentative course schedule. You need to read the assignments before
we meet, otherwise our discussions will not go nearly as well.
Given that the assigned readings are for an entire week, the volume of readings is rather
light. They work out to only about 9-15 pages per day. The material can be challenging,
however. I expect you to read the material closely, re-read sections of it, and to take
notes often. This will help you to not only develop a better understanding of the
arguments, but also improve your reading skills in general.
***
Tentative Course Schedule:
January 26:
Introduction to the course.
February 2:
The issue of how to best define freedom: Isaiah Berlin, “Two Concepts of
Liberty”; Charles Taylor, “What’s Wrong with Positive Freedom?”
February 9:
The case for autonomy: Read J. S. Mill, On Liberty, chapters one and
two.
February 16: The case for autonomy, continued: Read J.S. Mill, On Liberty, chapters
three through five.
February 23: The case against: Read Thaler and Sunstein, Nudge, chapters one and two.
Read Conly, Against Autonomy, Introduction and chapters one through
three.
March 1:
The case against, continued: Read Conly, Against Autonomy, chapters four
through seven. Discussion of possible case study topics.
March 8:
The case for libertarianism: read Friedman, Capitalism and Freedom, all
three prefaces, the Introduction, and chapters one and two, the first three
pages of chapter three, and chapters five and six. Discussion of possible
case study topics.
March 15:
Spring break.
March 22:
Libertarianism, continued: read Friedman, Capitalism and Freedom,
chapters seven through nine.
March 29:
Libertarianism, continued: read Friedman, Capitalism and Freedom,
chapters ten through 13. Read Friedrich Hayek’s “Why I Am Not a
Conservative.”
April 5:
Libertarianism and paternalism: read Camerer, et. al., “Regulation for
Conservatives: Behavioral Economics and the Case for ‘Asymmetric
Paternalism’” University of Pennsylvania Law Review Vol. 151, No. 3
(January, 2003). This is located at
http://authors.library.caltech.edu/22030/1/3312889%5B1%5D.pdf
Read Loewenstein, et. al., “Assymmetric Paternalism to Improve Health
Behaviors” Journal of the American Medical Association November 28,
2007. This is located at
http://www.cmu.edu/dietrich/sds/docs/loewenstein/Asymmetricpaternalis
m.pdf
Read Claire Hill, “Anti-Anti-Anti-Paternalism” NYU Journal of Law and
Liberty Vol.2 (2007). This is located at
http://scholarship.law.umn.edu/cgi/viewcontent.cgi?article=1114&context
=faculty_articles
April 12:
Libertarian paternalism: read Thaler and Sunstein, Nudge, Introduction
and chapters three through six.
April 19:
Libertarian paternalism, continued: read Thaler and Sunstein, read
chapters eight, nine, all of Part Three, and page 199.
April 26:
Thaler and Sunstein, Nudge, part five, “Extensions and Objections”.
Student case study presentations.
May 3:
Student case study presentations. Review for final exam.
May 10:
Final exam.