On the Normative Connection Between Paternalism and Rights

Journal of Ethics and Social Philosophy 21 (2) (2022)
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Abstract

Some scholars working on the ethics of paternalism are interested in whether there is a systematic normative connection between hard paternalism and people’s moral rights. One affirmative view is that hard paternalism is pro tanto wrong inasmuch as it always involves a rights infringement. Daniel Groll defends this view on the grounds that hard paternalism always infringes a competent adult’s right to be the only one to act only for his own good. I call this right the right to self-beneficence. In this note, I argue that Groll misidentifies a right that competent adults have. Rather than the right to self-beneficence, I argue that if hard paternalism infringes any particular right, it is a right that a competent adult has against others “taking over” matters that fall within his sphere of legitimate agency or, by extension, the legitimate exercise of his agency. I call this right the right against legitimate agency interference.

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Stephanie Sheintul
University of Adelaide

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References found in this work

Rational Persuasion as Paternalism.George Tsai - 2014 - Philosophy and Public Affairs 42 (1):78-112.
Paternalism.Jessica Begon - 2016 - Analysis 76 (3):355-373.
Pro‐Tanto versus Absolute Rights.Danny Frederick - 2014 - Philosophical Forum 45 (4):375-394.

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