Paternalism has generally been thought of as forcible or coercive interference with a person's liberty of action which is justified because it will prevent harm to that person's welfare interests or the like. Opposition to paternalistic interference with adults, whether it involves the intervention of the state or another adult individual, has usually been based on a concern to preserve human autonomy or self-determination. More strictly it is opposition to so-called ‘strong’ paternalism - interventions to protect or benefit a person (...) despite the person's informed voluntary consent to the contrary- which has been grounded on such a commitment to self-determination. ‘Weak’ paternalism involves interference where there is a defect in the decision-making capacities of the person interfered with. It is claimed to be justifiable insofar asconsentto the interference would be forthcoming were these capacities restored. (shrink)

Paternalism has generally been thought of as forcible or coercive interference with a person's liberty of action which is justified because it will prevent harm to that person's welfare interests or the like. Opposition to paternalistic interference with adults, whether it involves the intervention of the state or another adult individual, has usually been based on a concern to preserve human autonomy or self-determination. More strictly it is opposition to so-called ‘strong’ paternalism - interventions to protect or benefit a person (...) despite the person's informed voluntary consent to the contrary- which has been grounded on such a commitment to self-determination. ‘Weak’ paternalism involves interference where there is a defect in the decision-making capacities of the person interfered with. It is claimed to be justifiable insofar asconsentto the interference would be forthcoming were these capacities restored. (shrink)

This essay argues that Dworkin, Feinberg and others who claim exceptions against the principle of paternalism for the sake of preventing seroius physical harm are forced to treat mature adults as mental incompetents and that they are forced to do so by the prevailing concept of paternalism itself. The essay then shows how we can get around this dilemma by re-thinking paternalism as part of distinctly paternal relationships of domination and inequality.

The paper presents a comparative analysis of the evolution of the legislative process concerning ART in the specific cultural, societal and political contexts of two countries- Slovakia and Germany. Our analysis is based on 1. mapping the variety of discourses on ART in order to gain an understanding of the perspectives of the main actors and their arguments; and on 2. exploring the reasons for the differences in the current regulation of ART among European Union member states. In both Slovakia (...) and Germany we found there was a deficit of democratic legitimacy, because the arguments and experiences of those primarily affected by the restrictive measures on the use of ART in medical care-infertile women and men-are not taken into consideration with any seriousness. On the contrary, government and legislators pay too much attention to the ethical opinions of the Catholic Church. Government intervention in Germany is highly problematic because there is no sufficient justification of the reasons behind restrictions on parental autonomy and the procreative freedom of women and men. Moreover, the restrictions are not consistent across an array of similar cases and are not applied equally to all. Instead of an interventionist approach which protects the embryo against its own potential mother, it would be more sensible to adopt the “women-centered” approach already suggested by several authors. It holds that both the mother and embryo have to be at the centre of bioethical and legal considerations, instead of there being an exclusive reliance on ethical principles and expert opinions with regard to the embryo alone. (shrink)

ABSTRACT This paper attempts to provide some new insights into the problem of justifying paternalism. To begin with, there is a general analysis of the concept of paternalism which examines the conditions that must be present for it to occur. A distinction is then drawn between two contexts in which paternalism exists—first, where it applies to individuals or clearly specifiable groups and second, where it applies to society in general. Different approaches to justification are required in each case. It is (...) argued that paternalism of the former type has to meet two necessary and sufficient conditions for it to be acceptable and a good deal of the paper is devoted to a discussion of these two conditions and the ways of determining when they are satisfied. Paternalism of the latter type which applies to the whole society is more difficult to justify, mainly because it applies indiscriminately to everyone regardless of their particular capacities, interests etc., but some suggestions are made as to when such paternalism may nevertheless be justified. (shrink)

While researchers have offered remonstration-oriented, reciprocal, voluntary, and gratitude-based accounts of political obligation in classical Confucianism, I argue that these interpretations are either in conflict with the textual evidence or merely scratch the surface of Confucius’ theory of political obligation without fully elaborating its essence. Instead, I demonstrate that the theory of political obligation in Confucianism is a specific argument from paternalistic gratitude in which the people’s political obligation is analogically compared to children’s grateful duty to their parents. Moreover, I (...) use the Confucian theory of paternalistic gratitude to critically examine China’s recent politics of political obligation in the wake of the 2008 Sichuan 四川 earthquake. Although the Confucian-sounding references, such as kindness and the parent-state analogy, figure into the CPC’s Gratitude Education campaign, the Party’s politics of political obligation does not meet the Confucian normative standard. Specifically, in the Confucian theory of paternalistic gratitude, the people will be grateful to a benevolent ruler without this feeling being demanded by the state. However, in the Gratitude Education campaign, the Party self-righteously exacted the earthquake survivors’ gratitude. Local dissidents were subject to the stigmatization of “ungratefulness” and faced political violence as a consequence. The case of the Gratitude Education campaign serves as another example of the CPC’s political use of Confucianism for its non-Confucian goals. (shrink)

This article proposes a theoretical re-conceptualization of power dynamics and their legitimation in contemporary business–society relations using the prism and metaphor of parentalism. The paper develops a typology of forms of parentalism along two structuring dimensions: care and control. Specifically, four ideal-types of parentalism are introduced with their associated practices and power-legitimation mechanisms. As we consider current private governance and authority through this analytical framework, we are able to provide a new perspective on the nature of the moral legitimation of (...) power dynamics in contemporary business–society relations. And we weave the threads between this conceptual frame and historical antecedents, suggesting that business ethicists need to revive old debates on paternalism in light of the current pervasive trend of modernized and subtler forms of parentalism. Implications for business ethics and political CSR are discussed. (shrink)

This thesis focuses on the issue of whether or not the government is ever justified in prohibiting the actions of an individual who is harming herself but not others. I first analyze some of the key historical figures in the paternalism debate and argue that these accounts fail to adequately meet the needs of a modern, pluralistic society. Then, I analyze and critique the nuanced, soft-paternalist strategy put forth by Joel Feinberg. Finally, I defend a version of hard paternalism, arguing (...) that a balancing strategy that examines each action on a case-by-case basis shows all citizens equal, and adequate concern and respect. (shrink)