“I can; can something, hope, wish day come, not choose not to be.” – G.M. Hopkins, “Carrion Comfort”
The Duke Law Review of 2014 includes an essay by Harvard professor Cass Sunstein entitled “Choosing Not to Choose.” By example and analysis its author spells out the importance — for good or ill — of systems providing individual choice of various goods.
Among such systems are options for the chooser to forego making any specific choice thus, either keeping the status quo, assigning the decision to someone else or triggering some pre-fixed default outcome.
The essay is rich in hypotheticals of such devices. Sunstein, for example, analyzes the choice to let a bookseller who knows your tastes to send, and bill you each month, for a book of his selection (with and/or without the options to return the book and/or to bail out); he notes too the Affordable Care Act with its imposition of economic penalties upon those failing to choose among approved outcomes. He strives throughout to unsettle the apparent “opposition between paternalism and active choosing.” This supposed antinomy does not, for him, account for all the authentic stakes, economic and personal, in a variety of settings involving choice.
What Sunstein never touches in this tour of freedoms to choose or not is their role in the 50 American systems of public education — not even a footnote. This intellectual snub itself moves me to recommend this essay to all committed to universal parental empowerment in education.
Sunstein’s very avoidance of school choice as a subject invites us to ask: Just how would this taxonomy from so resourceful a mind help us to parse and predict the effects of empowering lower-income parents to choose or not to choose their child’s educators?
That liberation is plausibly within reach of the next generation.Schooling will remain compulsory, as it should. The well-off will continue to have their choice, as they should. The new choice offered to lower-income parents by charter schools will very probably grow — as surely it should. And the subsidy of the ordinary family to choose private school has already crept on stage in D.C. and a number of states for our common consideration.