Joel Feinberg and the justification of hard paternalism

Legal Theory 11 (3):259-284 (2005)
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.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1017/S1352325205050147
Options
 Save to my reading list
Follow the author(s)
Edit this record
My bibliography
Export citation
Find it on Scholar
Mark as duplicate
Request removal from index
Revision history
Download options
Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 31,812
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA
Standing and the Sources of Liberalism.Niko Kolodny - 2018 - Politics, Philosophy and Economics 17 (2):169-191.
Relational Autonomy and the Social Dynamics of Paternalism.John Christman - 2014 - Ethical Theory and Moral Practice 17 (3):369-382.
Kidney Sales and the Analogy with Dangerous Employment.Erik Malmqvist - 2015 - Health Care Analysis 23 (2):107-121.
Should the Homeless Be Forcibly Helped?Bart van Leeuwen & Michael S. Merry - forthcoming - Public Health Ethics:phy006.

View all 12 citations / Add more citations

Similar books and articles
Added to PP index
2009-01-28

Total downloads
293 ( #13,068 of 2,231,615 )

Recent downloads (6 months)
66 ( #4,802 of 2,231,615 )

How can I increase my downloads?

Monthly downloads
My notes
Sign in to use this feature