Joel Feinberg and the justification of hard paternalism
| Abstract | Joel Feinberg was a brilliant philosopher whose work in social and moral philosophy is a legacy of excellent, even stunning achievement. Perhaps his most memorable achievement is his four-volume treatise on The Moral Limits of the Criminal Law, and perhaps the most striking jewel in this crowning achievement is his passionate and deeply insightful treatment of paternalism.1 Feinberg opposes Legal Paternalism, the doctrine that “it is always a good reason in support of a [criminal law] prohibition that it is necessary to prevent harm (physical, psychological, or economic) to the actor himself.” Against this doctrine Feinberg asserts that when an agent’s sufficiently voluntary choice causes harm to herself or risk of harm to herself, this category of harm-to-self is never a good reason in support of criminal law prohibition of that type of conduct. | |||||||||
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Similar books and articlesMarion Smiley (1989). Paternalism and Democracy. Journal of Value Inquiry 23 (4):299-318.
Holly Smith (1994). Fetal-Maternal Conflicts. In Allen Buchanan & Jules Coleman (eds.), In Harm's Way: Essays in Honor of Joel Feinberg. Cambridge University Press.
Jonathan Schonsheck (1991). Deconstructing Community Self-Paternalism. Law and Philosophy 10 (1):29 - 49.
Dan W. Brock (1988). Paternalism and Autonomy:Harm to Self. Joel Feinberg; Paternalistic Intervention. Donald VanDeVeer. Ethics 98 (3):550-.
Norman O. Dahl (1988). Review Essay / Against Legal Paternalism. Criminal Justice Ethics 7 (2):67-78.
Gerald Doppelt (1993). The Moral Limits of Feinberg's Liberalism. Inquiry 36 (3):255 – 286.
Joel Feinberg, Jules L. Coleman & Allen E. Buchanan (eds.) (1994). In Harm's Way: Essays in Honor of Joel Feinberg. Cambridge University Press.
Joel Feinberg (1984). The Moral Limits of the Criminal Law. Oxford University Press.
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