The lack of discussions about conceptual genealogy of the concept of nudge is particularly striking. This paper aims to address this deficiency by analyzing relationships between nudge and indirect legislation – a concept coined by Jeremy Bentham.
First, I will attempt to clearly define how nudge and indirect legislation could be understood, which leads to focus on oblique or indirect kind of normativities and to try to characterize them through their aims. I would then have to face an issue, which could seem simple at first sight but which is a very thorny one, even if its answer is at least implicitly presupposed. Why using oblique or indirect means should be interesting and useful to government? Once answered, it would be possible to identify different elements required to influence behaviours and to elaborate an accurate analysis of normativity leading to think dynamics at work within the public sphere.
