Along with inestimable human livelihood and wealth, the free market creates various possibilities to foolishly harm oneself. Some questions Sunstein does not raise are:

1. Does the option of self-harm have value? If such options are forcibly removed, is the human condition degraded? For example, if one is stripped of having the sense of self-ownership, is that person limited in their level of human development and functioning?

2. Can harmful products be forbidden without the threat and use of violence against their would-be producers and consumers?

3. How successful could we expect such efforts to be, based on similar past and current efforts? And how costly, monetarily, socially, and in human lives?

4. How likely are such efforts, and the institutions that exert them, to be corrupted and bent to the service of powerful interests?