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  1. What’s Special About the Insult of Paternalism?Carl Fox - 2019 - Law and Philosophy 38 (3):313-334.
    A common assumption is that paternalism generates a special, and especially grievous, insult. Identifying this distinctive insult is then presented as the key to unlocking the concept and determining its moral significance. I submit that there is no special insult. It is, rather, a particular form that a lack of recognition respect can take. Attempting to capture the special insult has led us into confusion. In particular, it has led theorists to abandon the idea that paternalists must act for the (...)
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  2. Paternalism by and Towards Groups.Kalle Grill - 2018 - In Kalle Grill & Jason Hanna (eds.), The Routledge Handbook of the Philosophy of Paternalism. pp. 46-58.
    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 (...)
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  3. Paternalism Towards Children.Kalle Grill - 2018 - In Anca Gheaus, Gideon Calder & Jurgen de Wispelaere (eds.), Routledge handbook of the philosophy of childhood and children. pp. 123-133.
    Debates on the nature and justifiability of paternalism typically focus only on adults, sometimes presuming without argument that paternalism towards children is a non-issue or obviously justified. Debates on the moral and political status of children, in turn, rarely connect with the rich literature on paternalism. This chapter attempts to bridge this gap by exploring how issues that arise in the general debate on paternalism are relevant also for the benevolent interference with children. I survey and discuss various views and (...)
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  4. The Routledge Handbook of the Philosophy of Paternalism.Kalle Grill & Jason Hanna (eds.) - 2018 - Routledge.
    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 (...)
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  5. Paternalism and Rights.Daniel Groll - 2018 - In Kalle Grill & Jason Hanna (eds.), The Routledge Handbook of the Philosophy of Paternalism. Routledge.
    Are there any deep or systematic connections between paternalism and people's rights? Perhaps the connection is definitional: part of what makes an action or policy paternalistic is that it violates a right. Or perhaps the connection is normative: paternalism is (always? often? only sometimes?) morally problematic because it violates people's rights (even if we don't define "paternalism" in terms of a rights violation). My main goal in this paper is to argue for the normative connection. Part of the task will (...)
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  6. Hard and Soft Paternalism.Jason Hanna - 2018 - In Kalle Grill & Jason Hanna (eds.), The Routledge Handbook of the Philosophy of Paternalism. Abingdon, UK: Routledge. pp. 24-34.
    Many philosophers distinguish between "hard" paternalism, which supposedly violates autonomy, and "soft" paternalism, which does not. This chapter begins by critically assessing Joel Feinberg's account of the distinction, according to which hard paternalism interferes with voluntary self-regarding choices while soft paternalism interferes with substantially nonvoluntary self-regarding choices. It then considers several other ways to draw the hard/soft distinction. Ultimately, the chapter concludes that although the hard/soft distinction is a crucially important component of most antipaternalist views, it is surprisingly difficult to (...)
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  7. A Normatively Neutral Definition of Paternalism.Emma C. Bullock - 2015 - Philosophical Quarterly 65 (258):1-21.
    In this paper, I argue that a definition of paternalism must meet certain methodological constraints. Given the failings of descriptivist and normatively charged definitions of paternalism, I argue that we have good reason to pursue a normatively neutral definition. Archard's 1990 definition is one such account. It is for this reason that I return to Archard's account with a critical eye. I argue that Archard's account is extensionally inadequate, failing to capture some cases which are clear instances of paternalism. I (...)
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  8. The Concept of Paternalism.Dominik Düber - 2015 - In Thomas Schramme (ed.), New Perspectives on Paternalism and Health Care. Springer Verlag.
  9. Antipaternalism as a Filter on Reasons.Kalle Grill - 2015 - In Thomas Schramme (ed.), New Perspectives on Paternalism and Health Care. Springer Verlag.
    I first distinguish four types of objection to paternalism and argue that only one – the principled objection – amounts to a substantive and distinct normative doctrine. I then argue that this doctrine should be understood as preventing certain facts from playing the role of reasons they would otherwise play. I explain how this filter approach makes antipaternalism independent of several philosophical controversies: On the role reasons play, on what reasons there are, and on how reasons are related to values. (...)
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  10. Against Two Modest Conceptions of Hard Paternalism.William Glod - 2013 - Ethical Theory and Moral Practice 16 (2):409-422.
    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 (...)
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  11. Normative and Non-Normative Concepts: Paternalism and Libertarian Paternalism.Kalle Grill - 2013 - In Daniel Strech, Irene Hirschberg & Georg Marckmann (eds.), Ethics in Public Health and Health Policy. Springer. pp. 27-46.
    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 (...)
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  12. Anti-Paternalism and Invalidation of Reasons.Kalle Grill - 2010 - Public Reason 2 (2):3-20.
    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 (...)
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  13. The Concept of Paternalism in Biomedical Ethics.Tom L. Beauchamp - 2009 - Jahrbuch für Wissenschaft Und Ethik 14 (1):77-92.
  14. Liberalism, Altruism and Group Consent.Kalle Grill - 2009 - Public Health Ethics 2 (2):146-157.
    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 (...)
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  15. The Normative Core of Paternalism.Kalle Grill - 2007 - Res Publica 13 (4):441-458.
    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 (...)
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  16. A Definition of Paternalism.Simon Clarke - 2002 - Critical Review of International Social and Political Philosophy 5 (1):81-91.
  17. A Definition and Defense of Hard Paternalism: A Conceptual and Normative Analysis of the Restriction of Substantially Autonomous Self-Regarding Conduct.Thaddeus Mason Pope - 2002 - Dissertation, Georgetown University
    In this dissertation, I define and defend the moral justifiability of hard paternalism. Over the past thirty years, disagreements about the appropriate definition of paternalism have often masked further disputes in law, bioethics, and political theory over what sorts of self-regarding liberty limitation are morally permissible. I first address the conceptual problems by rigorously defending a definition of hard paternalism containing logically individually necessary and jointly sufficient conditions. Then, after a comprehensive and thorough review of virtually all the literature on (...)
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  18. Paternalism, Unconscionability Doctrine, and Accommodation.Seana Valentine Shiffrin - 2000 - Philosophy and Public Affairs 29 (3):205-250.
    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 (...)
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  19. Paternalism: Its Scope and Limits.Kurt Melvin Armsden - 1989 - Dissertation, University of Miami
    Paternalism involves a situation in which A interferes with B primarily to protect B from the harmful consequences of his own actions. To determine if such intervention can be justified a detailed analysis of paternalism is necessary. This is provided in the first chapter. ;In the second chapter possible strategies of justification are examined. Employing Mill's essay On Liberty as a source from which a principle of justification takes shape, I maintain that he advocates paternalism where it furthers individuality, as (...)
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  20. A Definition for Paternalism.Paul Turner Hershey - 1985 - Journal of Medicine and Philosophy 10 (2):171-182.
  21. Paternalism: From Definition to Disregard.Paul Turner Hershey - 1984 - Dissertation, Wayne State University
    An analysis of the contemporary literature on paternalism revealed that the definitions of paternalistic actions used were too narrowly confined to cases involving the interference with the person for whom such actions were taken. Certain counterexamples demonstrated that those definitions were unsuitable. An alternative definition of paternalistic actions was proposed which clearly avoided those counterexamples. ;In light of the new definition, a sampling of contemporary theories of justified paternalistic actions was then made. It was shown that a general theory of (...)
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  22. The Problems of Paternalism.George John Miller - 1981 - Dissertation, Brown University
    This dissertation is composed of four chapters. In the first I discuss the concept of paternalism. I state and analyze a definition of 'paternalism' which provides a coherent and illuminating scheme of classification for discussing the moral problems normally associated with acts of paternalism. I then compare this definition with alternative definitions and argue that it is superior. ;In the second chapter I show why paternalism is morally objectionable. My position is that paternalism limits autonomy and that we must understand (...)
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