Download e-book for kindle: Paternalism: Theory and Practice by Michael Weber, Christian Coons

By Michael Weber, Christian Coons

Is it allowable on your executive, or somebody else, to persuade or coerce you 'for your individual sake'? it is a query approximately paternalism, or interference with a person's liberty or autonomy with the purpose of marketing their sturdy or fending off damage, which has created substantial controversy a minimum of considering the fact that John Stuart Mill's On Liberty. Mill famously decried paternalism of any type, no matter if conducted by way of inner most participants or the nation. during this quantity of latest essays, prime ethical, political and criminal philosophers tackle how to find paternalism, its justification, and the consequences for public coverage, specialist ethics and felony legislations. So-called 'libertarian' or non-coercive paternalism gets significant recognition. The dialogue addresses the character of freedom and autonomy and the relation of people to legislations, coverage and the nation. the quantity will curiosity quite a lot of readers in political philosophy, public coverage and the philosophy of legislations.

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Some of these difficulties can be overcome; others are far more problematic. I hope that the absence of a clear verdict on the justifiability of penal paternalism is not too disappointing. A theory of criminalization is corroborated not because it produces straightforward answers to substantive controversies, but rather because it asks the right questions in assessing penal laws. My theory is vindicated if the questions my constraints pose strike philosophers as the appropriate issues that need to be resolved before we can decide whether given instances of penal paternalism are justified.

First, it entails that given interferences should not 3 4 5 See some of the examples I discuss in Husak, “Paternalism and Consent,” 107. ” As a result, attempts to justify legal paternalism should not draw too heavily from endeavors to justify paternalism in personal affairs. In particular, the contrast between hard and soft paternalism, or conceptions of future-oriented consent, are less applicable in legal domains. Husak, “Legal Paternalism,” 387. Penal paternalism 41 be construed as paternalistic in virtue of their effects.

I am relatively sure that my position is neither dogmatic nor absolutist. As my critics suggest, perhaps a good many more paternalistic laws than I anticipate turn out to satisfy these constraints; some candidates seem far more plausible than others. At the very least, I hope to describe the formidable challenges that must be surmounted if a paternalistic law is justified according to the theory of criminalization I favor. 6 6 I omit a discussion of a seventh constraint – a constraint that imposes the burden of proof on the state to show that the remaining six constraints in my theory of criminalization are satisfied.

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Paternalism: Theory and Practice by Michael Weber, Christian Coons


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