SSRN-Paternalist Slopes by Douglas Whitman, Mario Rizzo
I found this link on Instapundit. What follows is the abstract of a forthcoming law review article on a new form of paternalistic public policy by Douglas Whitman and Mario Rizzo. The Stanford Encyclopedia of Philosophy defines "paternalism" as follows: "Paternalism is the interference of a state or an individual with another person, against their will, and justified by a claim that the person interfered with will be better off or protected from harm." I'd say that a lot of HOA regulation is paternalistic. The assumption of such rules is often that residents are incapable of taking proper care of their homes unless micro-managed by authority. And "slippery slopes" are situations where something is done that inevitably leads to other things being done that were not originally intended. The metaphor is of a person who takes one step down a slope and then slips and goes all the way to the bottom. The article apparently takes the position that, while advocates of paternalistic laws claim their proposals are modest, there is a slippery slope quality to these new forms of paternalism, and "soft paternalism can pave the way for harder paternalism." Does that fit HOAs in anybody's mind? Interesting question.

So, here's what Whitman and Rizzo will be saying in their forthcoming article (my emphasis). I'll be reading the whole thing as soon as I can.

Abstract:
A growing literature in law and public policy harnesses research in behavioral economics to justify a new form of paternalism. Contributors to this literature typically emphasize the modest, non-intrusive character of their proposals. A distinct literature in law and public policy analyzes the validity of "slippery slope" arguments. Contributors to this literature have identified various mechanisms and processes by which slippery slopes operate, as well as the circumstances in which the threat of such slopes is greatest.

The present article sits at the nexus of the new paternalist literature and the slippery slopes literature. We argue that the new paternalism exhibits many characteristics identified by the slopes literature as conducive to slippery slopes. Specifically, the new paternalism exhibits considerable theoretical and empirical vagueness, making it vulnerable to slopes resulting from altered economic incentives, enforcement needs, deference to perceived authority, bias toward simple principles, and reframing of the status quo. These slope processes are especially likely when decisionmakers are subject to cognitive biases – as the new paternalists insist they are. Consequently, soft paternalism can pave the way for harder paternalism. We conclude that policymaking based on new paternalist reasoning should be considered with greater trepidation than its advocates have suggested.