Abstract
Many people feel that respecting a person’s autonomy is not sufficiently important to obligate us to stay out of their affairs in all cases; but the ground for interference may often turn out to be a hunch that the agent cannot really be competent, or cannot really know what her decision implies; for if she were both of these things, surely she would not make such a foolish decision. This paper suggests a justification of paternalism that does not rely on such appeals. I argue that in cases where an agent will undergo a significant alteration in their evaluative outlook – ‘evaluative shift’ – three central, persuasive objections to paternalism lose their force, and offer a prima facie case for paternalism in some of these cases. I then suggest that we can extend this argument to some cases where evaluative alteration is not predictable, but where the risk and harm are both significant. In such cases, paternalism may be justified.
Acknowledgments
My thanks to Jake Wojtowicz and two anonymous reviewers for their feedback on this paper.
References
Arneson, R. (2005). ‘Joel Feinberg and the justification of hard paternalism’, Legal Theory 11: 259–284.10.1017/S1352325205050147Search in Google Scholar
Bou-Habib, P. (2011). ‘Distributive justice, dignity, and the lifetime view’, Social Theory and Practice 37: 285–310.10.5840/soctheorpract201137216Search in Google Scholar
Buchanan, R. T. (2014). ‘Right to die: Belgian doctors rule depressed 24-year-old woman has right to end her life’, The Independent, 2nd July 2015, http://www.independent.co.uk/news/people/right-to-die-belgian-doctors-rule-depressed-24-year-old-woman-has-right-to-end-her-life-10361492.htmlSearch in Google Scholar
Conly, S. (2013). Against Autonomy: Justifying Coercive Paternalism (Cambridge: Cambridge University Press).10.1017/CBO9781139176101Search in Google Scholar
Cranor, C. (1997). ‘The Normative nature of risk assessment: features and possibilities’, Risk: Health, Safety & Environment 8: 123–136.Search in Google Scholar
Dworkin, G. (2014). ‘Paternalism’, Stanford Encyclopedia of Philosophy, http://plato.stanford.edu/entries/paternalism10.1093/obo/9780195396577-0288Search in Google Scholar
Feinberg, J. (1984). The Moral Limits of the Criminal Law: Vol. 1, Harm to Others (Oxford: Oxford University Press).Search in Google Scholar
Frankfurt, H. (1987). ‘Equality as a moral ideal’, Ethics 98: 21–42.10.1086/292913Search in Google Scholar
Hansson, S.O. (2004). ‘Weighing risks and benefits’, Topoi 23: 145–152.10.1007/s11245-004-5371-zSearch in Google Scholar
Huseby, R. (2009). ‘Sufficiency: restated and defended’, Journal of Political Philosophy 18: 178–197.10.1111/j.1467-9760.2009.00338.xSearch in Google Scholar
Mill, J.S. (1859). ‘On liberty’, in M. Warnock (ed.). (2003). Utilitarianism and On Liberty (Oxford: Blackwell Publishing), pp. 88–180.10.1002/9780470776018.ch3Search in Google Scholar
Shields, L. (2012). ‘The prospects for sufficientarianism’, Utilitas 24: 101–117.10.1017/S0953820811000392Search in Google Scholar
Shiffrin, S. (2000). ‘Paternalism, unconscionability doctrine, & accommodation’, Philosophy & Public Affairs 29: 205–251.10.1111/j.1088-4963.2000.00205.xSearch in Google Scholar
Shrader-Frechette, K. (1991). Risk and Rationality. Philosophical Foundations for Populist Reforms (Berkeley: University of California Press).10.1525/9780520320789Search in Google Scholar
Sunstein, C. and Thaler, R. (2008). Nudge: Improving Decisions About Health, Wealth, and Happiness (Yale: Yale University Press).Search in Google Scholar
Tännsjö, T. (1999). Coercive Care: Ethics of Choice in Health & Medicine (London: Routledge).Search in Google Scholar
Waldron, J. (2014). ‘It’s all for your own good’, New YorkReview of Books, 9th October, http://www.nybooks.com/articles/archives/2014/oct/09/cass-sunstein-its-all-your-own-good/.Search in Google Scholar
Wallace, R. Jay. (2013). The View from Here. On Affirmation, Attachment, and the Limits of Regret (Oxford: Oxford University Press).10.1093/acprof:oso/9780199941353.001.0001Search in Google Scholar
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