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  1. Nudges and Other Moral Technologies in the Context of Power: Assigning and Accepting Responsibility.Mark Alfano & Philip Robichaud - forthcoming - In David Boonin (ed.), Handbook of Philosophy and Public Policy. Palgrave.
    Strawson argues that we should understand moral responsibility in terms of our practices of holding responsible and taking responsibility. The former covers what is commonly referred to as backward-looking responsibility , while the latter covers what is commonly referred to as forward-looking responsibility . We consider new technologies and interventions that facilitate assignment of responsibility. Assigning responsibility is best understood as the second- or third-personal analogue of taking responsibility. It establishes forward-looking responsibility. But unlike taking responsibility, it establishes forward-looking responsibility (...)
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  2. Autonomy Gaps as a Social Pathology: Ideologiekritik Beyond Paternalism.Joel Anderson - forthcoming - In Rainer Forst (ed.), Sozialphilosophie Und Kritik. Suhrkamp.
    From the outset, critical social theory has sought to diagnose people’s participation in their own oppression, by revealing the roots of irrational and self-undermining choices in the complex interplay between human nature, social structures, and cultural beliefs. As part of this project, Ideologiekritik has aimed to expose faulty conceptions of this interplay, so that the objectively pathological character of what people are “freely” choosing could come more clearly into view. The challenge, however, has always been to find a way of (...)
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  3. Paternalism RevisitedGovernment Paternalism: Nanny State or Helpful Friend?, by Le GrandJulianNewBill. Princeton: Princeton University Press, 2015.Why Nudge? The Politics of Libertarian Paternalism, by SunsteinCass R.New Haven, CT: Yale University Press, 2014. [REVIEW]Bart Engelen - forthcoming - Political Theory:009059171667222.
  4. Democracy, Paternalism, and Campaign Finance.Adam Hosein - forthcoming - Public Affairs Quarterly.
  5. The Loving State.Adam Lovett - forthcoming - Inquiry: An Interdisciplinary Journal of Philosophy.
    I explore the idea that the state should love its citizens. It should not be indifferent towards them. Nor should it merely respect them. It should love them. We begin by looking at the bases of this idea. First, it can be grounded by a concern with state subordination. The state has enormous power over its citizens. This threatens them with subordination. Love ameliorates this threat. Second, it can be grounded by the state's lack of moral status. We all have (...)
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  6. Paternalism as Punishment.David Birks - 2021 - Utilitas 33 (1):35-52.
    In this article, I argue that even if we hold that at least some paternalistic behaviour is impermissible when directed towards innocent persons, in certain cases, the same behaviour is permissible when directed towards criminal offenders. I also defend the claim that in some cases it is morally preferable to behave paternalistically towards offenders as an alternative to traditional methods of punishment. I propose that the reason paternalistic behaviour is sometimes permissible towards an offender is the same reason that inflicting (...)
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  7. Sex, Love, and Paternalism.David Birks - 2021 - Ethical Theory and Moral Practice 24 (1):257-270.
    Paternalistic behaviour directed towards a person’s informed and competent decisions is often thought to be morally impermissible. This view is supported by what we can call the Anti-Paternalism Principle. While APP might seem plausible when employed to show the wrongness of paternalism by the state, there are some cases of paternalistic behaviour between private, informed, and competent individuals where APP seems mistaken. This raises a difficulty for supporters of APP. Either they need to reject APP to accommodate our intuitions in (...)
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  8. The Legitimacy and Limits of Punishing "Bad Samaritans".Luke William Hunt - 2021 - University of Florida Journal of Law and Public Policy 31 (3):355-376.
    There are often public calls to codify moral sentiments after failures to help others, and recent tragedies have renewed interest in one’s legal duty to aid another. This Article examines the moral underpinnings and legitimacy of so-called “Bad Samaritan” laws—laws that criminalize failures to aid others in emergency situations. Part I examines the theoretical backdrop of duties imposed by Bad Samaritan laws, including their relationship with various moral duties to aid. This leads to the analysis in Part II, which examines (...)
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  9. Epistemic Paternalism: Conceptions, Justifications and Implications.Guy Axtell & Amiel Bernal (eds.) - 2020 - Lanham, Md: Rowman & Littlefield International.
    This volume considers forms of information manipulation and restriction in contemporary society. It explores whether and when manipulation of the conditions of inquiry without the consent of those manipulated is morally or epistemically justified. The contributors provide a wealth of examples of manipulation, and debate whether epistemic paternalism is distinct from other forms of paternalism debated in political theory. Special attention is given to medical practice, science communication, and research in science, technology, and society. Some of the contributors argue that (...)
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  10. Children’s Well-Being and Vulnerability.Alexander Bagattini - 2019 - Ethics and Social Welfare 13 (3):211-215.
  11. How Wrong is Paternalism?David Birks - 2018 - Journal of Moral Philosophy 15 (2):136-163.
    In this paper, I argue against the commonly held view that paternalism is all things considered wrong when it interferes with a person’s autonomy. I begin by noting that the plausibility of this view rests on the assumption that there is a morally relevant difference in the normative reasons concerning an intervention in a person’s self-regarding actions and an intervention in his other-regarding actions. I demonstrate that this assumption cannot be grounded by wellbeing reasons, and that autonomy-based reasons of non-interference (...)
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  12. Paternalism by and Towards Groups.Kalle Grill - 2018 - In Kalle Grill & Jason Hanna (eds.), The Routledge Handbook of the Philosophy of Paternalism. pp. 46-58.
    In many or most instances of paternalism, more than one person acts paternalistically, or more than one person is treated paternalistically. This chapter discusses some complications that arise in such group cases, which are largely ignored in the conceptual debate. First, a group of people who together perform an action may do so for different reasons, which makes it more challenging to determine whether the action is paternalistic. This gives us some reason not to pin the property of being paternalistic (...)
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  13. The Routledge Handbook of the Philosophy of Paternalism.Kalle Grill & Jason Hanna (eds.) - 2018 - Routledge.
    While paternalism has been a long-standing philosophical issue, it has recently received renewed attention among scholars and the general public. Comprising twenty-seven chapters by a team of international contributors, this handbook is divided into five parts: (i) What is Paternalism; (ii) Paternalism and Ethical Theory; (iii) Paternalism and Political Philosophy; (iv) Paternalism without Coercion; (v) Paternalism in Practice. Within these sections central debates, issues, and questions are examined, including: how should paternalism be defined or characterized? How is paternalism related to (...)
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  14. Norms, Nudges, and Autonomy.Ryan Muldoon - 2018 - In David Boonin, Katrina L. Sifferd, Tyler K. Fagan, Valerie Gray Hardcastle, Michael Huemer, Daniel Wodak, Derk Pereboom, Stephen J. Morse, Sarah Tyson, Mark Zelcer, Garrett VanPelt, Devin Casey, Philip E. Devine, David K. Chan, Maarten Boudry, Christopher Freiman, Hrishikesh Joshi, Shelley Wilcox, Jason Brennan, Eric Wiland, Ryan Muldoon, Mark Alfano, Philip Robichaud, Kevin Timpe, David Livingstone Smith, Francis J. Beckwith, Dan Hooley, Russell Blackford, John Corvino, Corey McCall, Dan Demetriou, Ajume Wingo, Michael Shermer, Ole Martin Moen, Aksel Braanen Sterri, Teresa Blankmeyer Burke, Jeppe von Platz, John Thrasher, Mary Hawkesworth, William MacAskill, Daniel Halliday, Janine O’Flynn, Yoaav Isaacs, Jason Iuliano, Claire Pickard, Arvin M. Gouw, Tina Rulli, Justin Caouette, Allen Habib, Brian D. Earp & Andrew Vierra (eds.), The Palgrave Handbook of Philosophy and Public Policy. Springer Verlag. pp. 225-233.
    Liberal states traditionally rely on a reasonably narrow set of tools for engaging in social regulation. All of these tools are meant to change individual behaviors. Laws come with implicit force, financial regulations come with monetary carrots and sticks, and information provision informs people of the things that policymakers think they should know. Each of these is meant to guide individual choice making by changing how people evaluate their available options. Because this set of tools is meant to change individual (...)
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  15. Policy-Led Virtue Cultivation : Can We Nudge Citizens Towards Developing Virtues?Fay Niker - 2018 - In Tom Harrison & David Walker (eds.), The Theory and Practice of Virtue Education. London, U.K.: Routledge. pp. 153-167.
    This chapter examines what role new behaviour-modification policies – commonly known as “nudges” – might play in cultivating virtues. At first sight, they would appear to be ruled out as a candidate means; but, by offering a more nuanced analysis, the chapter argues that some nudges have virtue-cultivating properties. It distinguishes between two kinds of nudges – 'automatic-behavioural' and 'discernment-developing' – and shows that what divides them is the ability of the latter, which the former lacks, to play an ecological-educative (...)
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  16. Paternalism and Right.Paul Schofield - 2018 - Journal of Political Philosophy 26 (1):65-83.
    Typically, we think of republicans and liberals as being suspicious of paternalistic law. But in this paper, I argue that enactment of paternalistic law is actually demanded by republican and liberal values, and that enacting certain paternalistic laws is one way that the republican or liberal state performs its core function. As I explain it, this core function is to create and to maintain conditions of right-conditions of freedom, non-domination, justice, etc.-among persons capable of making legitimate second-personal claims on one (...)
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  17. Paternalism and Our Rational Powers.Michael Cholbi - 2017 - Mind 126 (501):123-153.
    According to rational will views of paternalism, the wrongmaking feature of paternalism is that paternalists disregard or fail to respect the rational will of the paternalized, in effect substituting their own presumably superior judgments about what ends the paternalized ought to pursue or how they ought to pursue them. Here I defend a version of the rational will view appealing to three rational powers that constitute rational agency, which I call recognition, discrimination, and satisfaction. By appealing to these powers, my (...)
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  18. Il diritto alle scelte stupide. Kant contro i nuovi paternalismi.Daniela Tafani - 2017 - Giornale Critico Della Filosofia Italiana 2 (116):237-259.
    In recent decades, behavioral sciences have introduced into economic theories of choice the image of weak willed individuals with limited rationality, whose decisions are affected by systematic errors. From here, theorists of libertarian paternalism originate the thesis of the possibility of State interventions that promote citizens’ welfare by conditioning their choices while, at the same time, safeguarding their freedom. The Author asserts that such a public promotion of individual welfare is equivalent to the transformation of the welfare State into a (...)
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  19. Don’T Mess with My Smokes: Cigarettes and Freedom.Luc Bovens - 2016 - American Journal of Bioethics 16 (7):15-17.
    Considerations of objective-value freedom and status freedom do impose constraints on policies that restrict access to cigarettes. As to the objective-value freedom, something of value is lost when anti-alcohol policies lead to pub closures interfering with valued life styles, and a similar, though weaker, argument can be made for cigarettes. As to status freedom, non-arbitrariness requires consultation with vulnerable populations to learn what might aid them with smoking cessation.
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  20. Paternalism, Behavioural Economics, Irrationality and State Failure.Mark Pennington - 2016 - European Journal of Political Theory 18 (4):147488511664785.
  21. Paternalism, Behavioural Economics, Irrationality and State Failure.Mark Pennington - 2016 - European Journal of Political Theory 18 (4):565-577.
    European Journal of Political Theory, Ahead of Print.
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  22. Introduction.Kalle Grill & Danny Scoccia - 2015 - Social Theory and Practice 41 (4):577-578.
    Introduction: Preference, Choice and (Libertarian) Paternalism Kalle Grill & Danny Scoccia This special issue originated in a workshop organized by one of the editors, Kalle Grill, at Umeå University in March 2014, with funding from The Swedish Foundation for Humanities and Social Sciences. The theme of the workshop was Respecting Context-Dependent Preferences. Contributors to this issue who were also speakers at the Umeå workshop are Richard Arneson, Kalle Grill, Jason Hanna, Sven Ove Hansson, Robert Sugden, and Torbjörn Tännsjö. The other (...)
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  23. Implications of Paternalism and Buck-Passing: A Reply to Quong.Mats Volberg - 2015 - Polish Journal of Philosophy 9 (1):91-108.
    In his latest book, Liberalism without Perfection (2011), Jonathan Quong argues against liberal perfectionism and defends Rawlsian political liberalism. In the course of his argumentation he presents us with a judgmental account of paternalism and the buck-passing account of truth in political philosophy. The aim of this paper is to critique both of those elements in Quong’s argumentation. I will first present the judgmental account of paternalism and then demonstrate that it will place impossible demands on us, insofar as paternalism (...)
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  24. Regimes of Autonomy.Joel Anderson - 2014 - Ethical Theory and Moral Practice 17 (3):355-368.
    Like being able to drive a car, being autonomous is a socially attributed, claimed, and contested status. Normative debates about criteria for autonomy (and what autonomy entitles one to) are best understood, not as debates about what autonomy, at core, really is, but rather as debates about the relative merits of various possible packages of thresholds, entitlements, regulations, values, and institutions. Within different “regimes” of autonomy, different criteria for (degrees of) autonomy become authoritative. Neoliberal, solidaristic, and perfectionist regimes entail conflicting (...)
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  25. Moral Status and the Wrongness of Paternalism.David Birks - 2014 - Social Theory and Practice 40 (3):483-498.
    In this paper, I consider the view that paternalism is wrong when it demeans or diminishes the paternalizee's moral status. I argue that we should reject the Moral Status Argument because it is both too narrow and too broad. It is too narrow because it cannot account for the wrongness of some of the most objectionable paternalistic interventions, namely, strong paternalistic interventions. It is too broad because it is unable to distinguish between wrongful paternalistic acts that are plausibly considered more (...)
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  26. Disciplining the Poor: Neoliberal Paternalism and the Persistent Power of Race.Barbara Cruikshank - 2014 - Contemporary Political Theory 13 (1):e1.
  27. Expanding the Nudge: Designing Choice Contexts and Choice Contents.Kalle Grill - 2014 - Rationality, Markets and Morals 5:139-162.
    To nudge is to design choice contexts in order to improve choice outcomes. Richard Thaler and Cass Sunstein emphatically endorse nudging but reject more restrictive means. In contrast, I argue that the behavioral psychology that motivates nudging also motivates what may be called jolting — i.e. the design of choice content. I defend nudging and jolting by distinguishing them from the sometimes oppressive means with which they can be implemented, by responding to some common arguments against nudging, and by showing (...)
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  28. The Life You Save May Not Be Your Own.Jamie Terence Kelly - 2014 - The Good Society 23 (2):179-192.
    This paper points out an ambiguity in Cass Sunstein’s recent work concerning whose lives and interests are to be promoted by libertarian paternalism, and argues that this ambiguity stems from a lack of clarity regarding how we should understand the relevance of the heuristics and biases literature for democratic theory. The paper attempts to extract from Sunstein’s work an account of how we should go about identifying biases in social choices. It argues that Sunstein’s view on this issue has changed (...)
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  29. Manipulation: Theory and Practice.Christian Coons Michael Weber (ed.) - 2014 - Oup Usa.
    A great deal of scholarly attention has been paid to coercion. Less attention has been paid to what might be a more pervasive form of influence: manipulation. The essays in this volume address this relative imbalance by focusing on manipulation, examining its nature, moral status, and its significance in personal and social life.
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  30. Epistemic Paternalism: A Defence.Kristoffer Ahlstrom-Vij - 2013 - Palgrave-Macmillan.
    We know that we are fallible creatures, liable to cognitive bias. But we also have a strong and stubborn tendency to overestimate our reasoning capacities. This presents a problem for any attempt to help us reason in more accurate ways: While we might see the point of others heeding intellectual advice and relying on reasoning aids, each and every one of us will tend not to see the point of doing so ourselves. The present book argues that the solution to (...)
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  31. Mill’s Progressive Principles.David O. Brink - 2013 - Oxford University Press UK.
    David O. Brink offers a reconstruction and assessment of John Stuart Mill's contributions to the utilitarian and liberal traditions. Brink defends interpretations of key elements in Mill's moral and political thought, and shows how a perfectionist reading of his conception of happiness has a significant impact on other aspects of his philosophy.
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  32. Paternalism: Theory and Practice.Christian Coons & Michael Weber (eds.) - 2013 - Cambridge University Press.
    Is it allowable for your government, or anyone else, to influence or coerce you 'for your own sake'? This is a question about paternalism, or interference with a person's liberty or autonomy with the intention of promoting their good or averting harm, which has created considerable controversy at least since John Stuart Mill's On Liberty. Mill famously decried paternalism of any kind, whether carried out by private individuals or the state. In this volume of new essays, leading moral, political and (...)
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  33. Defining Paternalism.Gerald Dworkin - 2013 - In Thomas Schramme (ed.), New Perspectives on Paternalism and Health Care. Springer Verlag.
  34. Against Two Modest Conceptions of Hard Paternalism.William Glod - 2013 - Ethical Theory and Moral Practice 16 (2):409-422.
    People in our liberal pluralistic society have conflicting intuitions about the legitimacy of coercive hard paternalism, though respect for agency provides a common source of objection to it. The hard paternalist must give adequate reasons for her coercion which are acceptable to a free and equal agent. Coercion that fails to meet with an agent’s reasonable evaluative commitments is at least problematic and risks being authoritarian. Even if the coercer claims no normative authority over the coercee, the former still uses (...)
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  35. Normative and Non-Normative Concepts: Paternalism and Libertarian Paternalism.Kalle Grill - 2013 - In Daniel Strech, Irene Hirschberg & Georg Marckmann (eds.), Ethics in Public Health and Health Policy. Springer. pp. 27-46.
    This chapter concerns the normativity of the concepts of paternalism and libertarian paternalism. The first concept is central in evaluating public health policy, but its meaning is controversial. The second concept is equally controversial and has received much attention recently. It may or may not shape the future evaluation of public health policy. In order to facilitate honest and fruitful debate, I consider three approaches to these concepts, in terms of their normativity. Concepts, I claim, may be considered nonnormative, normatively (...)
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  36. The Absolutism Problem in On Liberty.Piers Norris Turner - 2013 - Canadian Journal of Philosophy 43 (3):322-340.
    Mill argues that, apart from the principle of utility, his utilitarianism is incompatible with absolutes. Yet in On Liberty he introduces an exceptionless anti-paternalism principle—his liberty principle. In this paper I address ‘the absolutism problem,’ that is, whether Mill's utilitarianism can accommodate an exceptionless principle. Mill's absolute claim is not a mere bit of rhetoric. But the four main solutions to the absolutism problem are also not supported by the relevant texts. I defend a fifth solution—the competence view—that turns on (...)
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  37. Sailing Alone: Teenage Autonomy and Regimes of Childhood.Joel Anderson & Rutger Claassen - 2012 - Law and Philosophy 31 (5):495-522.
    Should society intervene to prevent the risky behavior of precocious teenagers even if it would be impermissible to intervene with adults who engage in the same risky behavior? The problem is well illustrated by the legal case of the 13-year-old Dutch girl Laura Dekker, who set out in 2009 to become the youngest person ever to sail around the world alone, succeeding in January 2012. In this paper we use her case as a point of entry for discussing the fundamental (...)
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  38. Harm and the Volenti Principle.Gerald Dworkin - 2012 - Social Philosophy and Policy 29 (1):309-321.
    Research Articles Gerald Dworkin, Social Philosophy and Policy, FirstView Article.
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  39. Paternalism, Respect and the Will.Daniel Groll - 2012 - Ethics 122 (4):692-720.
    In general, we think that when it comes to the good of another, we respect that person’s will by acting in accordance with what he wills because he wills it. I argue that this is not necessarily true. When it comes to the good of another person, it is possible to disrespect that person’s will while acting in accordance with what he wills because he wills it. Seeing how this is so, I argue, enables us to clarify the distinct roles (...)
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  40. Paternalism and the Pokies: Unjustified State Interference or Justifiable Intervention? [REVIEW]Elizabeth Prior Jonson, Margaret Lindorff & Linda McGuire - 2012 - Journal of Business Ethics 110 (3):259-268.
    The Australian Productivity Commission and a Joint Select Committee on Gambling Reform have recommended implementation of a mandatory pre-commitment system for electronic gambling. Organizations associated with the gambling industry have protested that such interventions reduce individual rights, and will cause a reduction in revenue which will cost jobs and reduce gaming venue support for local communities. This article is not concerned with the design details or the evidence base of the proposed scheme, but rather with the fundamental criticism that a (...)
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  41. The Self-Extinguishing Despot: Millian Democratization, or The Autophagous Autocrat.Yvonne Chiu & Robert S. Taylor - 2011 - Journal of Politics 73 (4):1239-50.
    Although there is no more iconic, stalwart, and eloquent defender of liberty and representative democracy than J.S. Mill, he sometimes endorses non-democratic forms of governance. This article explains the reasons behind this seeming aberration and shows that Mill actually has complex and nuanced views of the transition from non-democratic to democratic government, including the comprehensive and parallel material, cultural, institutional, and character reforms that must occur, and the mechanism by which they will be enacted. Namely, an enlightened despot must cultivate (...)
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  42. Anti-Paternalism and Invalidation of Reasons.Kalle Grill - 2010 - Public Reason 2 (2):3-20.
    I first provide an analysis of Joel Feinberg’s anti-paternalism in terms of invalidation of reasons. Invalidation is the blocking of reasons from influencing the moral status of actions, in this case the blocking of personal good reasons from supporting liberty-limiting actions. Invalidation is shown to be distinct from moral side constraints and lexical ordering of values and reasons. I then go on to argue that anti-paternalism as invalidation is morally unreasonable on at least four grounds, none of which presuppose that (...)
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  43. Behavioral Law and Economics : The Assault on Consent, Will, and Dignity.Mark D. White - 2010 - In Christi Favor, Gerald F. Gaus & Julian Lamont (eds.), Essays on Philosophy, Politics & Economics: Integration & Common Research Projects. Stanford Economics and Finance.
    In "Behavioral Law and Economics: The Assault on Consent, Will, and Dignity," Mark D. White uses the moral philosophy of Immanuel Kant to examine the intersection of economics, psychology, and law known as "behavioral law and economics." Scholars in this relatively new field claim that, because of various cognitive biases and failures, people often make choices that are not in their own interests. The policy implications of this are that public and private organizations, such as the state and employers, can (...)
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  44. Liberalism, Altruism and Group Consent.Kalle Grill - 2009 - Public Health Ethics 2 (2):146-157.
    This article first describes a dilemma for liberalism: On the one hand restricting their own options is an important means for groups of people to shape their lives. On the other hand, group members are typically divided over whether or not to accept option-restricting solutions or policies. Should we restrict the options of all members of a group even though some consent and some do not? This dilemma is particularly relevant to public health policy, which typically target groups of people (...)
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  45. Plato on the Sovereignty of Law.Zena Hitz - 2009 - In Ryan Balot (ed.), The Blackwell Companion to Greek and Roman Political Thought. Malden, MA: Wiley-Blackwell. pp. 367-381.
    This paper is in part an introduction to Plato's late political philosophy. In the central sections, I look at Plato's Laws and Statesman and ask the question of how law can produce authentic virtue. If law is merely coercive or habituating, but virtue requires rational understanding, there will be a gap between what law can do and what it is supposed to do. I examine the solution to this difficulty proposed in the Laws, the persuasive preludes attached to the laws, (...)
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  46. Review of The Legalization of Drugs, de Marneffe and Husak. [REVIEW]Kalle Grill - 2007 - Theoria 73 (3):248-255.
  47. The Normative Core of Paternalism.Kalle Grill - 2007 - Res Publica 13 (4):441-458.
    The philosophical debate on paternalism is conducted as if the property of being paternalistic should be attributed to actions. Actions are typically deemed to be paternalistic if they amount to some kind of interference with a person and if the rationale for the action is the good of the person interfered with. This focus on actions obscures the normative issues involved. In particular, it makes it hard to provide an analysis of the traditional liberal resistance to paternalism. Given the fact (...)
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  48. The Morality of On Liberty.James Edwin Mahon - 2007 - Studies in the History of Ethics - Symposium on Mill's Ethics 1 (2007).
    In this paper I argue that, contrary to both H. L. A Hart and Patrick Devlin, and in sympathy with D. G. Brown, it is possible to read Mill as arguing in On Liberty that morality should be enforced, by public moral disapprobation by society, and by fines, imprisonment, execution, etc., by the state, when it will promote the general welfare. The difference between Mill and his predecessors is that they had no standard for morality other than the subjective standard (...)
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  49. Ethics in Government.Richard Baron - 2006 - Philosophy Now 54:34-37.
    This article considers the application of utilitarian and deontological theories to questions that arise in the conduct of government, including whether a government may mislead the public without actually lying, how far civil servants should maintain political neutrality, whether civil servants should leak information to the press, and whether a government should avoid getting legal advice that it might not like.
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  50. Avoiding Paternalism.Peter de Marneffe - 2006 - Philosophy and Public Affairs 34 (1):68-94.
1 — 50 / 71