Mandated Choice Policies: When Are They Preferable?

Under mandated choice policies, people are free to choose whichever option they prefer, but “choosing not to choose” is penalized. In Australia, voting is mandatory, and abstaining is penalized with a fine. In New Zealand and several American states, it is mandatory for those who want to obtain a driver’s license that they decide whether to register as organ donors. If they fail to do so, they will not receive a driver’s license. Proponents of such policies stress that they may be the least autonomy-infringing ways of achieving some good and provide society with knowledge about people’s preferences and are, partly for these reasons, preferable to employing defaults. This article compares mandated choice in voting and donor registration with respect to the ends served, how a mandated choice policy will serve these ends, the distribution of burdens, and the nature of the possible options. It is argued that mandated choice is more attractive in the context of donor registration.