David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
In the preeminent scholarly legal treatise on paternalism, The Moral Limits of the Criminal Law: Harm to Self, Joel Feinberg argues that hard paternalism is never justified because it is superfluous; all reasonable restriction of self-regarding conduct can be justified on (more palatable) soft paternalistic grounds. In this article, I argue that Feinberg's strategy seems to work only because he “stretches” soft paternalism to justify liberty limitation that is properly described as hard paternalism. I expose Feinberg's strained appeals, and argue for honesty and transparency regarding the bases for paternalistic liberty limitation. If the rationale for public health restrictions on liberty is hard paternalism, then that normative appeal should not be masked. Rather it should be made explicit so that it can be subjected to constructive criticism and debate.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
Wendy E. Parmet (2011). The Individual Mandate: Implications for Public Health Law. Journal of Law, Medicine and Ethics 39 (3):401-413.
Similar books and articles
Gerald Doppelt (1993). The Moral Limits of Feinberg's Liberalism. Inquiry 36 (3):255 – 286.
Dan W. Brock (1988). Paternalism and Autonomy:Harm to Self. Joel Feinberg; Paternalistic Intervention. Donald VanDeVeer. Ethics 98 (3):550-.
Thomas C. Leonard, Robert S. Goldfarb & Steven M. Suranovic (2000). New on Paternalism and Public Policy. Economics and Philosophy 16 (2):323-331.
J. Wilson (2011). Why It's Time to Stop Worrying About Paternalism in Health Policy. Public Health Ethics 4 (3):269-279.
Thaddeus Mason Pope, A Definition and Defense of Hard Paternalism: A Conceptual and Normative Analysis of the Restriction of Substantially Autonomous Self-Regarding Conduct, Chapter Five - a New Normative Defense of Hard Paternalism.
Thaddeus Mason Pope, Monstrous Impersonation: A Critique of Consent-Based Justifications for Hard Paternalism.
Richard Arneson (2005). Joel Feinberg and the Justification of Hard Paternalism. Legal Theory 11 (3):259-284.
Added to index2009-01-28
Total downloads35 ( #101,129 of 1,781,282 )
Recent downloads (6 months)1 ( #295,025 of 1,781,282 )
How can I increase my downloads?