Medicine, Health Care and Philosophy 17 (1):103-113 (2014)

Authors
Gabriele De Anna
Universität Bamberg
Abstract
Cass Sunstein and Richard Thaler have been arguing for what they named libertarian paternalism (henceforth LP). Their proposal generated extensive debate as to how and whether LP might lead down a full-blown paternalistic slippery slope. LP has the indubitable merit of having hardwired the best of the empirical psychological and sociological evidence into public and private policy making. It is unclear, though, to what extent the implementation of policies so constructed could enhance the capability for the exercise of an autonomous citizenship. Sunstein and Thaler submit it that in most of the cases in which one is confronted with a set of choices, some default option must be picked out. In those cases whoever devises the features of the set of options ought to rank them according to the moral principle of non-maleficence and possibly to that of beneficence. In this paper we argue that LP can be better implemented if there is a preliminary deliberative debate among the stakeholders that elicits their preferences, and makes it possible to rationally defend them
Keywords Libertarian paternalism  Health choices  Deliberative democracy
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DOI 10.1007/s11019-013-9502-4
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References found in this work BETA

Science, Truth, and Democracy.Philip Kitcher - 2001 - Oxford University Press.
Why Deliberative Democracy?Amy Gutmann & Dennis F. Thompson - 2004 - Princeton University Press.
Choices, Values, and Frames.Daniel Kahneman & Amos Tversky (eds.) - 2000 - Cambridge University Press.

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Citations of this work BETA

Free Choice and Patient Best Interests.Emma Bullock - 2016 - Health Care Analysis 24 (4):374-392.
Introduction.Jukka Varelius & Michael Cholbi - 1st ed. 2015 - In Jukka Varelius & Michael Cholbi (eds.), New Directions in the Ethics of Assisted Suicide and Euthanasia. Springer Verlag.

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