Paternalism and Justification

Canadian Journal of Philosophy 12 (sup1):67-89 (1982)
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Abstract

Much recent discussion in moral philosophy has focused on the contrast between those moral theories which are consequentialist in structure and those moral theories which admit independent side constraints on the means which can be used to achieve various ends. In this essay I shall attempt to show that this contrast provides an illuminating framework against which to understand two conflicting strategies for justifying paternalistic interference. The first, consequentialist strategy takes paternalistic interference to be justified when it will protect or perhaps enhance some valued goal or end state, such as an agent's welfare or future ability to choose. Gerald Dworkin's essay “Paternalism” contains what is perhaps the most compelling recent development of this sort of rationale for paternalistic interference and accordingly much of my subsequent discussion will focus on this essay.

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References found in this work

Legal Paternalism.Joel Feinberg - 1971 - Canadian Journal of Philosophy 1 (1):105 - 124.
Justifying Paternalism.Rosemary Carter - 1977 - Canadian Journal of Philosophy 7 (March):133-145.
Paternalism and Subsequent Consent.Donald Van De Veer - 1979 - Canadian Journal of Philosophy 9 (4):631 - 642.

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