The paper wishes to offer a renewed perspective on the concept of Nudge by looking at one of the philosophical origins of the concept. Nudges are an instance of the emergence of new forms of normativity characterized by its extralegal and non-coercitive nature. The concept of ‘nudge’, which consists in shaping individual decisions without coercion, best exemplifies these new normativities. The concept shares common features with the way in which Bentham uses legal and non-legal normativities to control individuals in his theories. Key to this endeavour is Bentham’s concept of indirect legislation. Bentham’s work is indeed repeatedly quoted by Sunstein in relation to animal rights, institutional organisation and interests. Bentham’s indirect legislation is little known and no in-depth study has yet been carried out to circumscribe it meaning. The present study will define it, by working on unpublished manuscripts transcribed and available on Transcribe Bentham.
