Government Paternalism

Strawson argues that we should understand moral responsibility in terms of our practices of holding responsible and taking responsibility. The former covers what is commonly referred to as backward-looking responsibility , while the latter covers what is commonly referred to as forward-looking responsibility . We consider new technologies and interventions that facilitate assignment of responsibility. Assigning responsibility is best understood as the second- or third-personal analogue of taking responsibility. It establishes forward-looking responsibility. But unlike taking responsibility, it establishes forward-looking responsibility (...) in someone else. When such assignments are accepted, they function in such a way that those to whom responsibility has been assigned face the same obligations and are susceptible to the same reactive attitudes as someone who takes responsibility. One family of interventions interests us in particular: nudges. We contend that many instances of nudging tacitly assign responsibility to nudgees for actions, values, and relationships that they might not otherwise have taken responsibility for. To the extent that nudgees tacitly accept such assignments, they become responsible for upholding norms that would otherwise have fallen under the purview of other actors. While this may be empowering in some cases, it can also function in such a way that it burdens people with more responsibility that they can (reasonably be expected to) manage. (shrink)

From the outset, critical social theory has sought to diagnose people’s participation in their own oppression, by revealing the roots of irrational and self-undermining choices in the complex interplay between human nature, social structures, and cultural beliefs. As part of this project, Ideologiekritik has aimed to expose faulty conceptions of this interplay, so that the objectively pathological character of what people are “freely” choosing could come more clearly into view. The challenge, however, has always been to find a way of (...) doing this without arrogantly assuming special access to what is good for people. And this danger of paternalism is one to which social theorists have all too often fallen prey. In this brief essay, I focus on contemporary instances of clearly self-defeating behavior in contexts of complex choices. I begin by discussing a recent attempt to diagnose and solve these failures of choices, namely the public policy recommendations of behavioral economist Richard Thaler and reform-minded legal theorist Cass Sunstein. Their influential “libertarian paternalist” approach is particularly interesting, both in what it includes (attention to the socially constructed nature of choice situations and the roots of the problems in human nature) and in what it leaves out (an understanding of the social construction of human nature and an adequate appreciation of the value of autonomy). After discussing it, I consider a broadly perfectionist alternative, to the effect that the problem lies in a failure to adequately appreciate the importance of developing autonomy. I then turn to sketching the outlines of a new approach, based on the concept of “autonomy gaps,” which approaches overly demanding policies in relational and action-theoretical terms. In the final section, I show how this provides the basis for an analysis both in terms of a critique of ideology and of social pathology. (shrink)

There are often public calls to codify moral sentiments after failures to help others, and recent tragedies have renewed interest in one’s legal duty to aid another. This Article examines the moral underpinnings and legitimacy of so-called “Bad Samaritan” laws—laws that criminalize failures to aid others in emergency situations. Part I examines the theoretical backdrop of duties imposed by Bad Samaritan laws, including their relationship with various moral duties to aid. This leads to the analysis in Part II, which examines (...) two related questions that are raised when moving from moral to legal duties: First, on what ground does the state have the authority to dictate that one’s needs should be met in the way specified by a particular legal duty? Second, does a special relationship exist that legitimizes the establishment of such legal duties? (shrink)

This volume considers forms of information manipulation and restriction in contemporary society, paying special attention to contemporary paternalistic practices in big data and scientific research, as the way in which the flow of information or knowledge might be curtailed by the manipulations of a small body of experts or algorithms.

In many or most instances of paternalism, more than one person acts paternalistically, or more than one person is treated paternalistically. This chapter discusses some complications that arise in such group cases, which are largely ignored in the conceptual debate. First, a group of people who together perform an action may do so for different reasons, which makes it more challenging to determine whether the action is paternalistic. This gives us some reason not to pin the property of being paternalistic (...) on actions, since we may alternatively pin it on reasons for actions and allow that these differ between members in the group. Second, the prevention of harmful consensual interactions is sometimes paternalism towards both or all involved, but only if all benefit from interference with themselves rather than with other members in the group, or if all want the harm or risk (more or less) for its own sake. Third, interrelations between three components of paternalism - interference, benevolence and consent - gives us reason to allow that an action can be paternalistic towards some but not others of those affected. This makes it even more difficult, and less relevant, to determine whether or not actions are paternalistic. (shrink)

While paternalism has been a long-standing philosophical issue, it has recently received renewed attention among scholars and the general public. Comprising twenty-seven chapters by a team of international contributors, this handbook is divided into five parts: (i) What is Paternalism; (ii) Paternalism and Ethical Theory; (iii) Paternalism and Political Philosophy; (iv) Paternalism without Coercion; (v) Paternalism in Practice. Within these sections central debates, issues, and questions are examined, including: how should paternalism be defined or characterized? How is paternalism related to (...) such moral notions as rights, well-being, and autonomy? When is paternalism morally objectionable? What are the legitimate limits of government benevolence? To what extent should medical practice be paternalistic? (shrink)

Liberal states traditionally rely on a reasonably narrow set of tools for engaging in social regulation. All of these tools are meant to change individual behaviors. Laws come with implicit force, financial regulations come with monetary carrots and sticks, and information provision informs people of the things that policymakers think they should know. Each of these is meant to guide individual choice making by changing how people evaluate their available options. Because this set of tools is meant to change individual (...) behaviors, it is worth considering what implicit assumptions this set of tools makes about the individuals whose behaviors policymakers are looking to change. Behavioral and social science has not only found some limitations on existing policy tools but has also pointed in the direction of some new tools as well. This is because the model of human choice and behavior is now richer. Nudges and norms provide an expanded toolset for policymakers but raise interesting questions about the legitimacy of the state taking advantage of reductions in agency to achieve policy ends. I argue that this framing misconstrues the situation and suggest that the appropriate guide to any options in the policy tool kit is one of nurturing rather than inhibiting citizen autonomy. Sometimes, this will recommend the use of norms or nudges in place of the standard policy tools. (shrink)

Typically, we think of republicans and liberals as being suspicious of paternalistic law. But in this paper, I argue that enactment of paternalistic law is actually demanded by republican and liberal values, and that enacting certain paternalistic laws is one way that the republican or liberal state performs its core function. As I explain it, this core function is to create and to maintain conditions of right-conditions of freedom, non-domination, justice, etc.-among persons capable of making legitimate second-personal claims on one (...) another. I argue, though, that individual persons are capable of making legitimate second-personal claims on themselves, in precisely the way that calls for state intervention. In other words, I argue that paternalistic law is demanded by considerations of right. (shrink)

According to rational will views of paternalism, the wrongmaking feature of paternalism is that paternalists disregard or fail to respect the rational will of the paternalized, in effect substituting their own presumably superior judgments about what ends the paternalized ought to pursue or how they ought to pursue them. Here I defend a version of the rational will view appealing to three rational powers that constitute rational agency, which I call recognition, discrimination, and satisfaction. By appealing to these powers, my (...) version of the rational will view can rank the wrongfulness of paternalistic acts in terms of the extent to which such acts (a) amount to supplanting the paternalized individual’s identity as a rational agent with that of the paternalist, and (b) the degree of mistrust the paternalistic act shows in the paternalized individual’s rational agency. My rational powers account thus provides a more complete account of why paternalism is a powerful, but not decisive or absolute, objection to an act or policy. My rational powers account also provides powerful explanations of why rational suasion deflects charges of paternalism; why consenting to intercessions in one’s rational agency negates paternalism; why we ordinarily believe that strong paternalism is more objectionable than weak paternalism; and why we ordinarily believe that hard paternalism is more objectionable than soft paternalism. (shrink)

In recent decades, behavioral sciences have introduced into economic theories of choice the image of weak willed individuals with limited rationality, whose decisions are affected by systematic errors. From here, theorists of libertarian paternalism originate the thesis of the possibility of State interventions that promote citizens’ welfare by conditioning their choices while, at the same time, safeguarding their freedom. The Author asserts that such a public promotion of individual welfare is equivalent to the transformation of the welfare State into a (...) paternalistic State and that its theorists aim to avoid the debate about the conflict between exercising liberty and containing the public expenditure which is necessary to protect social rights. (shrink)

Considerations of objective-value freedom and status freedom do impose constraints on policies that restrict access to cigarettes. As to the objective-value freedom, something of value is lost when anti-alcohol policies lead to pub closures interfering with valued life styles, and a similar, though weaker, argument can be made for cigarettes. As to status freedom, non-arbitrariness requires consultation with vulnerable populations to learn what might aid them with smoking cessation.

European Journal of Political Theory, Ahead of Print.

European Journal of Political Theory, Ahead of Print.

Introduction: Preference, Choice and (Libertarian) Paternalism Kalle Grill & Danny Scoccia This special issue originated in a workshop organized by one of the editors, Kalle Grill, at Umeå University in March 2014, with funding from The Swedish Foundation for Humanities and Social Sciences. The theme of the workshop was Respecting Context-Dependent Preferences. Contributors to this issue who were also speakers at the Umeå workshop are Richard Arneson, Kalle Grill, Jason Hanna, Sven Ove Hansson, Robert Sugden, and Torbjörn Tännsjö. The other (...) speakers at the workshop were Luc Bovens, Sarah Conly, Fabienne Peter and Danny Scoccia. Preferences are context-dependent when they are determined by circumstances other than the contents of the alternatives that preferences range over, such as the way alternatives are presented. As behavioral research increasingly indicates, many of our preferences are context-dependent in this sense. Context-dependence raises difficult issues for many areas of moral and political philosophy. Importantly, the fact that preferences are not in any obvious way based on settled values or considered judgments may cast doubt on liberalism’s stance on when paternalism is morally objectionable: What exactly is liberal antipaternalism supposed to protect, if not settled preferences? What about paternalism that operates by influencing the formation of preferences? Should we, as proposed by so called "libertarian paternalists", shape the choice environment so as to promote choices that are conducive to health, wealth and happiness over the long run? More generally, we may inquire what respect for persons should mean given the context-dependence of their preferences. Several articles in this issue deal with the plausibility of libertarian paternalism and the nudging it endorses. Sugden argues that those who take context-dependence to justify paternalism often rely on ideas of latent preferences that lack a convincing psychological explanation. William Glod argues that, because of informational constraints, nudging often fails to track people's actual preferences. Hanna, in contrast, defends nudging against the objection that it is manipulative. Andres Moles surveys some legitimate aims for which nudging can be justified. The remaining articles either take a more general view of context-dependence, or investigates it in some specific context: Arneson considers, in light of the debate on libertarian paternalism, the general concept of paternalism, and proposes a new theory for when paternalism is justified, in terms of a limited prerogative to be imprudent. Grill argues that respect for persons should be pluralist and include respect for their choices as well as their preferences, even when these two come apart. Tännsjö re-considers, in the light of context-dependence, his earlier rejection of any form of coercive care. Hansson contributes a historical perspective with a discussion of John Stuart Mill's three principles regulating the extent of individual liberty. The guest editors wish to thank the journal editors for giving us the opportunity to produce this special issue. We are grateful also to the reviewers who have helped in the editorial process, and to Margaret Dancy, the Managing Editor, for her friendly support throughout. (shrink)

In his latest book, Liberalism without Perfection (2011), Jonathan Quong argues against liberal perfectionism and defends Rawlsian political liberalism. In the course of his argumentation he presents us with a judgmental account of paternalism and the buck-passing account of truth in political philosophy. The aim of this paper is to critique both of those elements in Quong’s argumentation. I will first present the judgmental account of paternalism and then demonstrate that it will place impossible demands on us, insofar as paternalism (...) is a prima facie wrong and we have a duty to reduce wrongness in the world. I will then turn to the buck-passing account of truth; after introducing it, I show that it will generate uncertain results for political philosophy, making it an unsatisfactory solution for the political liberal making truth claims in political philosophy. (shrink)

Like being able to drive a car, being autonomous is a socially attributed, claimed, and contested status. Normative debates about criteria for autonomy (and what autonomy entitles one to) are best understood, not as debates about what autonomy, at core, really is, but rather as debates about the relative merits of various possible packages of thresholds, entitlements, regulations, values, and institutions. Within different “regimes” of autonomy, different criteria for (degrees of) autonomy become authoritative. Neoliberal, solidaristic, and perfectionist regimes entail conflicting (...) understandings of what gets you autonomy and what autonomy gets you—for example, in relation to policies regarding physician-assisted suicide or financial support for senior citizens. In light of this, justifying a particular understanding of autonomy is inseparable from the task of arguing for the context-specific merits of a regime of autonomy as a whole and in relation to other ethical and political commitments. (shrink)

To nudge is to design choice contexts in order to improve choice outcomes. Richard Thaler and Cass Sunstein emphatically endorse nudging but reject more restrictive means. In contrast, I argue that the behavioral psychology that motivates nudging also motivates what may be called jolting — i.e. the design of choice content. I defend nudging and jolting by distinguishing them from the sometimes oppressive means with which they can be implemented, by responding to some common arguments against nudging, and by showing (...) how respect for preferences over option sets and their aggregate properties may require the trimming of option sets, as well as helpful choice contexts. (shrink)

This paper points out an ambiguity in Cass Sunstein’s recent work concerning whose lives and interests are to be promoted by libertarian paternalism, and argues that this ambiguity stems from a lack of clarity regarding how we should understand the relevance of the heuristics and biases literature for democratic theory. The paper attempts to extract from Sunstein’s work an account of how we should go about identifying biases in social choices. It argues that Sunstein’s view on this issue has changed (...) over the years, and identifies a trend in his thinking moving away from libertarian paternalism and toward libertarian welfarism. (shrink)

A great deal of scholarly attention has been paid to coercion. Less attention has been paid to what might be a more pervasive form of influence: manipulation. The essays in this volume address this relative imbalance by focusing on manipulation, examining its nature, moral status, and its significance in personal and social life.

We know that we are fallible creatures, liable to cognitive bias. But we also have a strong and stubborn tendency to overestimate our reasoning capacities. This presents a problem for any attempt to help us reason in more accurate ways: While we might see the point of others heeding intellectual advice and relying on reasoning aids, each and every one of us will tend not to see the point of doing so ourselves. The present book argues that the solution to (...) this problem lies in accepting a form of epistemic paternalism. Accepting such paternalism is to accept that we are sometimes justified in interfering with the inquiry of another without her consent but for her own epistemic good. Because when it comes to our freedom to conduct inquiry in whatever way we see fit, more is not always better. In fact, less is often more. (shrink)

David O. Brink offers a reconstruction and assessment of John Stuart Mill's contributions to the utilitarian and liberal traditions. Brink defends interpretations of key elements in Mill's moral and political thought, and shows how a perfectionist reading of his conception of happiness has a significant impact on other aspects of his philosophy.

Is it allowable for your government, or anyone else, to influence or coerce you 'for your own sake'? This is a question about paternalism, or interference with a person's liberty or autonomy with the intention of promoting their good or averting harm, which has created considerable controversy at least since John Stuart Mill's On Liberty. Mill famously decried paternalism of any kind, whether carried out by private individuals or the state. In this volume of new essays, leading moral, political and (...) legal philosophers address how to define paternalism, its justification, and the implications for public policy, professional ethics and criminal law. So-called 'libertarian' or non-coercive paternalism receives considerable attention. The discussion addresses the nature of freedom and autonomy and the relation of individuals to law, policy and the state. The volume will interest a wide range of readers in political philosophy, public policy and the philosophy of law. (shrink)

People in our liberal pluralistic society have conflicting intuitions about the legitimacy of coercive hard paternalism, though respect for agency provides a common source of objection to it. The hard paternalist must give adequate reasons for her coercion which are acceptable to a free and equal agent. Coercion that fails to meet with an agent’s reasonable evaluative commitments is at least problematic and risks being authoritarian. Even if the coercer claims no normative authority over the coercee, the former still uses (...) coercion to replace the latter’s reasons or will with his own reasons or will. But does every hard paternalistic view have to invite such objection? Throughout I will assume that defenders of what I will call “Neutral Paternalism” (NP) and “Commonsense Paternalism” (CP) aim to offer reasons for coercion all can reasonably endorse despite evaluative diversity, in opposition to more objectionable forms of coercive paternalism, such as those which defend it on religious or perfectionist grounds. I will argue, nonetheless, that Gerald Dworkin’s defense of NP and Danny Scoccia’s defense of CP succumb to the same problems of objectionable imposition that saddle other forms of coercive paternalism. The shortcomings in their views suggest that even modest hard paternalism is nonetheless problematic for liberals. (shrink)

This chapter concerns the normativity of the concepts of paternalism and libertarian paternalism. The first concept is central in evaluating public health policy, but its meaning is controversial. The second concept is equally controversial and has received much attention recently. It may or may not shape the future evaluation of public health policy. In order to facilitate honest and fruitful debate, I consider three approaches to these concepts, in terms of their normativity. Concepts, I claim, may be considered nonnormative, normatively (...) charged, or normative in that they involve more complex relationships between values or duties. While the last approach is often best, other approaches may be appropriate depending on the context and purpose of discussion. The chapter’s conceptual investigation is illustrated by application to two public health policies: a tax on the consumption of fat and the encouragement of health-promoting food displays in restaurants and supermarkets. (shrink)

Mill argues that, apart from the principle of utility, his utilitarianism is incompatible with absolutes. Yet in On Liberty he introduces an exceptionless anti-paternalism principle—his liberty principle. In this paper I address ‘the absolutism problem,’ that is, whether Mill's utilitarianism can accommodate an exceptionless principle. Mill's absolute claim is not a mere bit of rhetoric. But the four main solutions to the absolutism problem are also not supported by the relevant texts. I defend a fifth solution—the competence view—that turns on (...) his attention to decision-making structures and, in particular, on the role of expertise considerations in his account. (shrink)

Should society intervene to prevent the risky behavior of precocious teenagers even if it would be impermissible to intervene with adults who engage in the same risky behavior? The problem is well illustrated by the legal case of the 13-year-old Dutch girl Laura Dekker, who set out in 2009 to become the youngest person ever to sail around the world alone, succeeding in January 2012. In this paper we use her case as a point of entry for discussing the fundamental (...) question of how to demarcate childhood from adulthood. After summarizing the case, we identify a ‘demarcation dilemma’ that frames much of the public and expert debate. On the one hand, it seems morally imperative ‘to treat like alike’, which means that both children and adults should be allowed to undertake all actions for which they have the relevant competences. On the other hand, requiring proportional treatment of children and adults seems to neglect the special nature of childhood as a distinct stage in life that ends at a specific age. We introduce the notion of a ‘regime of childhood’ to deal with this problem. This regime includes several dimensions, including the limited liability for children, the supervisory responsibilities of parents, the role of age-based thresholds, and the overarching purpose of childhood as a context for developing autonomy. We argue that, all things considered, there are good reasons not to shift to a regime that offers individual children the option of qualifying for adulthood on the basis of age-neutral criteria. (shrink)

Research Articles Gerald Dworkin, Social Philosophy and Policy, FirstView Article.

In general, we think that when it comes to the good of another, we respect that person’s will by acting in accordance with what he wills because he wills it. I argue that this is not necessarily true. When it comes to the good of another person, it is possible to disrespect that person’s will while acting in accordance with what he wills because he wills it. Seeing how this is so, I argue, enables us to clarify the distinct roles (...) that the wills of competent and incompetent people should play in third-party deliberations about their welfare. (shrink)

The Australian Productivity Commission and a Joint Select Committee on Gambling Reform have recommended implementation of a mandatory pre-commitment system for electronic gambling. Organizations associated with the gambling industry have protested that such interventions reduce individual rights, and will cause a reduction in revenue which will cost jobs and reduce gaming venue support for local communities. This article is not concerned with the design details or the evidence base of the proposed scheme, but rather with the fundamental criticism that a (...) mandatory pre-commitment policy is an unacceptable interference with the liberty of the individual, and of organizations. It is argued that the concept of paternalism is a useful lens with which to study the interactions between business and society on this issue. It is contended that the benefits of a pre-commitment system to problem gamblers and society are socially and economically significant, and the cost to recreational gamblers, particularly the cost in terms of interference with the liberty of the individual, is minimal. Pre-commitment also requires gambling businesses to act in a more socially responsible manner. It is concluded that the proposed legislation constitutes a paternalistic intervention by government on the interaction between business and society, and that this is justified. (shrink)

Although there is no more iconic, stalwart, and eloquent defender of liberty and representative democracy than J.S. Mill, he sometimes endorses non-democratic forms of governance. This article explains the reasons behind this seeming aberration and shows that Mill actually has complex and nuanced views of the transition from non-democratic to democratic government, including the comprehensive and parallel material, cultural, institutional, and character reforms that must occur, and the mechanism by which they will be enacted. Namely, an enlightened despot must cultivate (...) democratic virtues such as obedience, industriousness, spirit of nationality, and resistance to tyranny in the population and simultaneously prepare the way for his own demise and secure his own legitimacy by transitioning to the rule of law. This challenges recent scholarship that paints Mill’s non-democratic views as crudely and uncritically imperialist, because it fails to recognize and engage seriously with his sophisticated (if ultimately problematic) theory of individual and institutional development under enlightened colonialism. (shrink)

I first provide an analysis of Joel Feinberg’s anti-paternalism in terms of invalidation of reasons. Invalidation is the blocking of reasons from influencing the moral status of actions, in this case the blocking of personal good reasons from supporting liberty-limiting actions. Invalidation is shown to be distinct from moral side constraints and lexical ordering of values and reasons. I then go on to argue that anti-paternalism as invalidation is morally unreasonable on at least four grounds, none of which presuppose that (...) people can be mistaken about their own good: First, the doctrine entails that we should sometimes allow people to unintentionally severely harm or kill themselves though we could easily stop them. Second, it entails that we should sometimes allow perfectly informed and rational people to risk the lives of themselves and others, though they are in perfect agreement with us on what reasons we have to stop them for their own good. Third, the doctrine leaves unexplained why we may benevolently coerce less competent but substantially autonomous people, such as young teens, but not adults. Last, it entails that there are peculiar jumps in justifiability between very similar actions. I conclude that as liberals we should reject anti-paternalism and focus our efforts on explicating important liberal values, thereby showing why liberty reasons sometimes override strong personal good reasons, though never by making them invalid. (shrink)

In "Behavioral Law and Economics: The Assault on Consent, Will, and Dignity," Mark D. White uses the moral philosophy of Immanuel Kant to examine the intersection of economics, psychology, and law known as "behavioral law and economics." Scholars in this relatively new field claim that, because of various cognitive biases and failures, people often make choices that are not in their own interests. The policy implications of this are that public and private organizations, such as the state and employers, can (...) and should design the presentation of options and default choices in order to "steer" people to the decision they would make, were they able to make choices in the absence of their cognitive biases and failures. Such policies are promoted under the name "libertarian paternalism," because choice is not blocked or co-opted, but simply "nudged." White argues that such manipulation of choice is impossible to conduct in people's true interests, and any other goal pursed by policymakers substitutes their own ends, however benevolent they may be, for people's true ends. Normatively, such manipulation should not be conducted because it fails to respect the dignity and autonomy of persons, what some hold to be the central idea in Kant's ethical system, and which serves to protect the individual from coercion, however subtle, from other persons or the state. (shrink)

This article first describes a dilemma for liberalism: On the one hand restricting their own options is an important means for groups of people to shape their lives. On the other hand, group members are typically divided over whether or not to accept option-restricting solutions or policies. Should we restrict the options of all members of a group even though some consent and some do not? This dilemma is particularly relevant to public health policy, which typically target groups of people (...) with no possibility for individuals to opt out. The article then goes on to propose and discuss a series of aggregation rules for individual into group consent. Consideration of a number of scenarios shows that such rules cannot be formulated only in terms of fractions of consenters and non-consenters, but must incorporate their motives and how much they stand to win or lose. This raises further questions, including what is the appropriate impact of altruistic consenters and non-consenters, what should be the impact of costs and benefits and whether these should be understood as gross or net. All these issues are dealt with in a liberal, anti-paternalistic spirit, in order to explore whether group consent can contribute to the justification of option-restricting public health policy. (shrink)

The philosophical debate on paternalism is conducted as if the property of being paternalistic should be attributed to actions. Actions are typically deemed to be paternalistic if they amount to some kind of interference with a person and if the rationale for the action is the good of the person interfered with. This focus on actions obscures the normative issues involved. In particular, it makes it hard to provide an analysis of the traditional liberal resistance to paternalism. Given the fact (...) that actions most often have mixed rationales, it is not clear how we should categorize and evaluate interfering actions for which only part of the rationale is the good of the person. The preferable solution is to attribute the property of being paternalistic not to actions, but to compounds of reasons and actions. The framework of action–reasons provides the tools for distinguishing where exactly paternalism lies in the complex web of reasons and actions. (shrink)

In this paper I argue that, contrary to both H. L. A Hart and Patrick Devlin, and in sympathy with D. G. Brown, it is possible to read Mill as arguing in On Liberty that morality should be enforced, by public moral disapprobation by society, and by fines, imprisonment, execution, etc., by the state, when it will promote the general welfare. The difference between Mill and his predecessors is that they had no standard for morality other than the subjective standard (...) of what society liked and disliked, whereas Mill has an objective standard: it is immoral to harm others (without their consent). Harm to oneself can never be immoral: "A person who shows rashness, obstinacy, self-conceit—who cannot live within moderate means—who cannot restrain himself from hurtful indulgences—who pursues animal pleasures at the expense of those of feeling and intellect… [these] self-regarding faults previously mentioned, which are not properly immoralities, and to whatever pitch they may be carried, do not constitute wickedness." Harm to others (without their consent) is immoral and is prima facie publicly criticizable and criminalizable: "When, by conduct of this sort, a person is led to violate a distinct and assignable obligation to any other person or persons, the case is taken out of the self-regarding class and becomes amenable to moral disapprobation in the proper sense of the term.". (shrink)

This article considers the application of utilitarian and deontological theories to questions that arise in the conduct of government, including whether a government may mislead the public without actually lying, how far civil servants should maintain political neutrality, whether civil servants should leak information to the press, and whether a government should avoid getting legal advice that it might not like.

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. (shrink)

324 "we should impose a single legal restriction that would effectively eliminate boxing's main medical risk: a complete ban on blows to the head" against Mill's harm principle, is not possible to justify paternalism requires other paternalistic arguments 325 "the entire paternalism v. respect for autonomy debate as it applied to boxing is cast in nonconsequentialist terms" do we have any reason to suppose that boxers' decisions to enter the profession are lacking in autonomy? many fail the first hurdle: "having (...) adequate information" - unlikely to know the medical facts 326 liberal view would state we need better education, not paternalism stronger paternalism = "an autonomous decision must flow from the agent's own values, without undue pressure from other people or external circumstances." otherwise is coercive and precludes autonomous action "since boxers often come from severely disadvantaged backgrounds and may see boxing as their only means of escaping from dangerous, povery-stricken neighborhoods, their decision to become boxers may reflect their desperation, rather than an authentic desire that flows from their own considered values". (shrink)

The unconscionability doctrine in contract law enables a court to decline to enforce a contract whose terms are seriously one-sided, exploitative, or otherwise manifestly unfair. It is often criticized for being paternalist. The essay argues that the characterization of unconscionability doctrine as paternalist reflects common but misleading thought about paternalism and obscures more important issues about autonomy and social connection. The defense responds to another criticism: that unconscionability doctrine is an inappropriate, because economically inefficient, egalitarian tool. The final part discusses (...) more interesting but neglected questions about the scope of accommodation necessary to support fully meaningful autonomous activity. (shrink)

The basic relationship between people should be care, and the caring life is the highest which humans can live. Unfortunately, care that is not thoughtful slides into illegitimate intrusion on autonomy. Autonomy is a basic good, and we should not abridge it without good reason. On the other hand, it is not the only good. We must sometimes intervene in the lives of others to protect them from grave harms or provide them with important benefits. The reflective person, therefore, needs (...) guidelines for caring. Some contemporary moralists condemn paternalism categorically. This work examines weaknesses in their arguments and proposes new guidelines for paternalism, which it calls "parentalism" to avoid the patriarchal connotations of the old term. Its antiparentalism is more moderate than standard antipaternalism based on an exaggerated respect for autonomy. The work explores implications for both the personal sphere of interactions between individuals, such as friends and family members, and the public sphere of institutions, legislation, and the professional practices. (shrink)