This article investigates the hitherto under-examined relations between affirmative action, paternalism and respect. We provide three main arguments. First, we argue that affirmative action initiatives are typically paternalistic and thus disrespectful towards those intended beneficiaries who oppose the initiatives in question. Second, we argue that not introducing affirmative action can also be disrespectful towards these potential beneficiaries because such inaction involves a failure to adequately recognize their moral worth. Third, we argue that the paternalistic disrespect involved in affirmative action is (...) alleviated when the potential beneficiaries’ preferences against such initiatives are adaptive. We conclude that although there is a relevant sense in which paternalistic affirmative action is disrespectful, it may well be more disrespectful not to pursue such policies. (shrink)

A common objection to paternalism concerns its expressive content. Many reject paternalistic policies and actions on the ground that they arguably involve insulting expressions of disrespect toward those subjected to them. The paper challenges this view. It argues that refraining from acting paternalistically can be disrespectful. Specifically, the paper argues that there is a relevant way in which A disregards the moral worth of B if A stands idly by when B is about to act very imprudently. If true, treating (...) others with equal respect and concern, as relational egalitarians and others rightly ask us to do, will somewhat surprisingly sometimes involve treating them paternalistically. (shrink)

The policy of earmarked paternity leave aims to promote mothers’ position in the labor market and fathers’ relationship with their child. Critics argue that the policy prevents parents from pursuing their own ideas about what is best for them. This provides reason to consider whether the policy is paternalistic or, in other ways, disrespectful of parental autonomy. I argue that the state implicates itself in the gender inequalities that result from parents’ unequal parental leave agreements when the state financially facilitates (...) such agreements. This argument for earmarked paternity leave is not disrespectful of parental autonomy. (shrink)

What justifies differences in the acceptance of paternalism towards competent minors and older people? I propose two arguments. The first argument draws on the widely accepted view that paternalism is easier to justify the more good it promotes for the paternalizee. It argues that paternalism targeting young people generally promotes more good for the people interfered with than similar paternalism targeting older people. While promoting people's interests or well-being is essential to the justification of paternalism, the first argument has certain (...) unfair implications in that it disfavours paternalism towards the worse off. The second argument caters to such fairness concerns. It argues that priority or inequality aversion supports age-differentiated paternalism because young people, who act imprudently and thereby risk their interests or well-being, are worse off than older people who act in similar ways. I suggest that both arguments are pertinent in evaluating specific paternalistic acts and policies. (shrink)

In defense of nudging policies, proponents have pointed out that choice architecture is inevitable. However, critics have objected that shaping people’s choices in an intentional way is not inevitable and involves an objectionable substitution of judgment, with the choice architect imposing his will on others. Accordingly, the inevitability of choice architecture in general does not provide reason to accept intentional nudges. In contrast to this view, the paper argues that precisely because the choice architects will unavoidably contribute to people’s choices, (...) it is permissible for them to consider the content of the choices that their choice architecture promotes. Specifically, I argue that it is often within choice architects’, including states’, own legitimate sphere of control whether they want to contribute to other people’s behaviors through their organization of the choice architecture. It is argued that such intentional choice architecture does not involve objectionable substitution of judgment. (shrink)

Journal of Applied Philosophy, EarlyView.

Opponents of paternalism have sought to formulate non-paternalistic arguments for some seemingly reasonable but apparently paternalistic policies. This article addresses two such non-paternalistic arguments—the public charge argument and the psychic harm argument. The gist of both arguments is that a person’s imprudent or risky behavior often affects the interests of others adversely, and that this justifies restricting his or her behavior in various ways. The article shows that both arguments face important problems. It thus throws serious doubt on the prospect (...) of holding on to apparently sound and well-founded policies whilst at the same time avoiding paternalism. (shrink)

Opponents of paternalism have sought to formulate non-paternalistic arguments for some seemingly reasonable but apparently paternalistic policies. This article addresses two such non-paternalistic arguments—the public charge argument and the psychic harm argument. The gist of both arguments is that a person’s imprudent or risky behavior often affects the interests of others adversely, and that this justifies restricting his or her behavior in various ways. The article shows that both arguments face important problems. It thus throws serious doubt on the prospect (...) of holding on to apparently sound and well-founded policies whilst at the same time avoiding paternalism. (shrink)