Deconstructing community self-paternalism

Law and Philosophy 10 (1):29 - 49 (1991)

Authors
Jonathan Schonsheck
Le Moyne College
Abstract
Typically the justification of criminal statutes is based on "liberty-limiting principles" -- e.g., the Harm Principle, the Offense Principle, Legal Paternalism, Legal Moralism, etc. Two philosophers of the criminal law, however -- Richard J. Arneson and Cass R. Sunstein -- take an entirely different tack. Both countenance the use of the criminal law to foreclose one's future options, seeking to preserve one's "true self" from the temptations of one's baser desires. (For reasons which become clear, I call this "community self-paternalism".) In this paper, I take a careful look at "community self paternalism"; scrutiny reveals that this proposed justification of criminalization is quite different from its initial appearance. Revealing its true character dispels much of its initial appeal. I then argue for its rejection; of necessity, "community self-paternalism" treats some individuals as means merely, and not as ends in themselves
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1007/BF00144294
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 44,455
External links

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.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Reviving Ulysses Contracts.Ryan Spellecy - 2003 - Kennedy Institute of Ethics Journal 13 (4):373-392.
Paternalism and Democracy.Marion Smiley - 1989 - Journal of Value Inquiry 23 (4):299-318.
A Trust-Based Argument Against Paternalism.Simon R. Clarke - 2013 - In Pekka Makela & Cynthia Townley (eds.), Trust: Analytic and Applied Persectives. Amsterdam, Netherlands: Rodopi. pp. 53-75.
Paternalism.Kalle Grill - 2011 - In Ruth Chadwick (ed.), Encyclopedia of Applied Ethics. Academic Press.
Review Essay/a Case for Limited Paternalism.Dan W. Brock - 1985 - Criminal Justice Ethics 4 (2):79-88.

Analytics

Added to PP index
2009-01-28

Total views
31 ( #282,049 of 2,272,573 )

Recent downloads (6 months)
2 ( #564,953 of 2,272,573 )

How can I increase my downloads?

Downloads

My notes

Sign in to use this feature