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Paternalism, part II

Philosophical Books 48 (1):50-59 (2007)

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  1. Paternalism, Liberal Theory, and Suicide.Alan Soble - 1982 - Canadian Journal of Philosophy 12 (2):335 - 352.
    A principle of paternalism must be able to answer three questions. Who are the persons who are the proper object of paternalism? Which actions should we prevent persons from doing or induce them to perform? What should our goals be when acting paternalistically toward these persons? A satisfactory principle will also be reasonably precise in distinguishing appropriate from inappropriate instances of paternalism, and it will be comprehensive, speaking to most potential cases, including suicide. My purpose is not to reach a (...)
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  • Paternalism, Utility, and Fairness in Egalitarian Ethics.Richard J. Arneson - 1989 - Revue Internationale de Philosophie 43 (170):409-437.
  • AIDS and Legal Paternalism.David A. Conway - 1987 - Social Theory and Practice 13 (3):287-302.
  • The New Paternalism.Mark Strasser - 1988 - Bioethics 2 (2):103–117.
  • Drugs, Morality and the Law.Paul Smith - 2002 - Journal of Applied Philosophy 19 (3):233–244.
    A critical survey of arguments for and against the morality and the legality of recreational drug use, deploying Feinberg's analysis of liberty-limiting principles.
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  • Choosing the Best: Against Paternalistic Practice Guidelines.Julian Savulescu - 1996 - Bioethics 10 (4):323-330.
    ABSTRACTIsobel Ross rightly points out that providing information is not enough to guarantee that patients will choose the best course of action. She argues that to adequately protect patients’interests, we need practice guidelines to‘ensure that dangerous and unnecessarily risky procedures are excluded from practice’. What constitutes an‘unnecessarily risky procedure’is to be determined by a group of reasonable doctors. At one point, Ross suggests that such guidelines are‘presumptive’rather than ‘absolute’. But this is really a concession to patient variability. She intends that (...)
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  • Justified Hard Paternalism:A Response to Ten.George W. Rainbolt - 1989 - Bioethics 3 (2):140–141.
  • Paternalism and Levels of Knowledge:A Comment on Rainbolt.C. L. Ten - 1989 - Bioethics 3 (2):135-139.
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  • The Friendship Model:A Reply to Illingworth.David N. James - 1989 - Bioethics 3 (2):142–146.
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  • The Friendship Model of Physician/Patient Relationship and Patient Autonomy.Patricia M. L. Illingworth - 1988 - Bioethics 2 (1):22–36.
  • Communities Need More Than Autonomy.Thomas H. Murray - 1994 - Hastings Center Report 24 (3):32-33.
  • Autonomy and Paternalism in Communitarian Society Patient Rights in Israel.Michael L. Gross - 1999 - Hastings Center Report 29 (4):13-20.
  • Respect for Autonomy.James F. Childress & John C. Fletcher - 1994 - Hastings Center Report 24 (3):34-35.
  • Freedom Not to Be Free: The Case of the Slavery Contract in J. S. Mill's on Liberty.David Archard - 1990 - Philosophical Quarterly 40 (161):453-465.
  • Paternalism, Battered Women, and the Law.Paul M. Hughes - 1999 - Journal of Social Philosophy 30 (1):18-28.
  • Social Engineering as an Infringement of the Presumption of Innocence: The Case of Corporate Criminality. [REVIEW]Douglas Husak - 2014 - Criminal Law and Philosophy 8 (2):353-369.
    I examine how deferred-prosecution agreements employed against suspected corporate criminality amount to a form of social engineering that infringes the presumption. I begin with a broad understanding of the presumption itself. Then I offer a brief description of how these agreements function. Finally I address some of the normative issues that must be confronted if legal philosophers who hold retributivist views on punishment and sentencing hope to assess this device. My judgment tends to be favorable. More importantly, I caution against (...)
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  • A Defence of Medical Paternalism: Maximising Patients' Autonomy.M. S. Komrad - 1983 - Journal of Medical Ethics 9 (1):38-44.
    All illness represents a state of diminished autonomy and therefore the doctor-patient relationship necessarily and justifiably involves a degree of medical paternalism argues the author, an American medical student. In a broad-ranging paper he discusses the concepts of autonomy and paternalism in the context of the doctor-patient relationship. Given the necessary diminution of autonomy which illness inflicts, a limited form of medical paternalism, aimed at restoring or maximising the patient's autonomy is entirely acceptable, and indeed fundamental to the relationship he (...)
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  • Paternalism and Friendship.Ellen L. Fox - 1993 - Canadian Journal of Philosophy 23 (4):575 - 594.
    Though much has been written about when paternalistic intervention is justified, and about how it is justified, much less has been written about who may do the intervening. This is a substantial lacuna in our understanding of the nature of justified paternalism. By examining the question of who it is that may most appropriately interfere with the course of our decision-making, we can learn something useful both about paternalism and about the nature of friendship.In this essay I will argue that (...)
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  • Paternalism and Rights.Samantha Brennan - 1994 - Canadian Journal of Philosophy 24 (3):419-440.
    When, if ever, are we justified in infringing a rights claim on the basis of benefit to the right bearer? If we assume that the rights of individuals can be overridden on the basis of what is at stake for others- that is, that rights have thresholds - we can ask how these thresholds are affected when the person who will benefit from the right being overridden is the right bearer herself.
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  • Paternalistic Wife? Paternalistic Stranger?Chan Sin Yee - 2000 - Social Theory and Practice 26 (1):85-102.
  • Mill’s Antipaternalism.John Kultgen - 1992 - Southwest Philosophy Review 8 (1):57-64.
  • Boxing, Paternalism, and Legal Moralism.Nicholas Dixon - 2001 - Social Theory and Practice 27 (2):323-344.
    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 (...)
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  • Paternalism and Liberty.A. T. Nuyen - 1983 - International Journal of Applied Philosophy 1 (3):27-38.
    Over the last ten years or so, John Stuart Mill’s position on paternalism has been thoroughly re-examined by philosophers. The majority view now seems to be that it is unreasonable to rule out paternalism altogether. The argument is often couched in vaguely utilitarian terms: the benefit of a particular paternalistic measure may so clearly outweigh the disadvantage, if there is any, that it is utterly unreasonable to object to it. For instance, it is unreasonable to object to a law enforcing (...)
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  • Paternalism and the Regulation of Drugs.Mark Sagoff - 1984 - International Journal of Applied Philosophy 2 (2):43-57.
  • The Radical Feminist View of Motherhood: Epistemological Issues and Political Implications.George Schedler - 1989 - International Journal of Applied Philosophy 4 (4):25-34.
  • Genetic Ignorance and Reasonable Paternalism.Tuija Takala - 2001 - Theoretical Medicine and Bioethics 22 (5):485-491.
    The question concerning an individual''s rightto remain in ignorance regarding her owngenetic makeup is central to debates aboutgenetic information. Whatever is decided onthis matter has a weighty bearing on all of therelated third-party issues, such as whetherfamily members or employers should be toldabout an individual''s genetic makeup. Thosearguing that no right to genetic ignoranceexists tend to argue from a viewpoint I havecalled in this paper reasonablepaternalism. It is an appealing position whichrests on widely shared intuitions on reasonablechoices, but which, in (...)
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  • Autonomy, Slavery, and Mill's Critique of Paternalism.Alan E. Fuchs - 2001 - Ethical Theory and Moral Practice 4 (3):231-251.
    Critics have charged that John Stuart Mill''s discussion as of paternalism in On Liberty is internally inconsistent, noting, for example, the numerous instances in which Mill explicitly endorses examples of paternalistic coercion. Similarly, commentators have noted an apparent contradiction between Mill''s political liberalism – according to which the state should be neutral among competing conceptions of the good – and Mill''s condemnation of non-autonomous ways of life, such as that of a servile wife. More generally, critics have argued that while (...)
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  • Paternalism and Voluntariness.Joan C. Callahan - 1986 - Canadian Journal of Philosophy 16 (2):199 - 219.
    Among fundamental, widely shared values, there are two which often come into conflict, creating a serious moral dilemma, viz., the value of individual well-being and the value of individual self-direction. These values issue in two fundamental moral principles, one which prescribes the protection of others from harm, and one which proscribes interfering with a person's right to direct his own life and actions. When an individual is doing or choosing something which subjects him to harm or significant risk of harm, (...)
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  • Harm, Consent and Distress.John D. Harman - 1981 - Journal of Value Inquiry 15 (4):293-309.
  • Paternalism and Democracy.Marion Smiley - 1989 - Journal of Value Inquiry 23 (4):299-318.
    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.
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  • Regulating Functional Foods in the European Union: Informed Choice Versus Consumer Protection? [REVIEW]Tatiana Klompenhouwer & Henk van den Belt - 2003 - Journal of Agricultural and Environmental Ethics 16 (6):545-556.
    Due to the rise of functional foods,the distinction between foods and medicines hasbecome increasingly blurred. A new EUregulation covering health claims and otherclaims on food and drink products is on thedocks. A basic motive of legal regulation oflabeling and advertising is to inform andprotect the consumer. Promotion of informedchoice and consumer protection may, however, beconflicting objectives. A further problemsprings from the fact that choice, likeconsent, is a propositional attitude andtherefore opaque. Thus it is extremelydifficult for regulators to fasten onparticular formulations (...)
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  • Freedom Not to Be Free.David Archard - 1990 - Philosophical Quarterly 40 (161):453.
  • Can Paternalism Be Modernised?E. Matthews - 1986 - Journal of Medical Ethics 12 (3):133-135.
    The contention that paternalism can be modernised in such a way as to avoid the usual criticisms is examined and dismissed. The alleged 'modernisation' consists simply in going through the motions of achieving the patient's free consent, while leaving the ultimate decision to the physician. Paternalism in this form is no better than the more old-fashioned variety, since it still takes away from patients the fundamental human right to make decisions about their own fate.
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  • Freedom and Happiness in Mill's Defence of Liberty.Daniel Bogen - 1979 - Philosophical Quarterly 29 (13):325.
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  • Recreational Drugs and Paternalism.DouglasN Husak - 1989 - Law and Philosophy 8 (3):353 - 381.
  • Diminished Capacity, Friendship, and Medical Paternalism: Two Case Studies From Fiction.Edmund L. Erde & Anne Hudson Jones - 1983 - Theoretical Medicine and Bioethics 4 (3).
    We consider the moral and social ingredients in physicians' relationships with patients of diminished capacity by considering certain claims made about friendship and the physician's role. To assess these claims we look at the life context of two patients as elaborated examples provided in two novels: Woman on the Edge of Time (1976) by Marge Piercy, a radical feminist; and It's Hard to Leave While the Music's Playing (1977) by I. S. Cooper, a prominent physician-researcher. At issue is how the (...)
     
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  • What's Wrong with Selling Yourself Into Slavery? Paternalism and Deep Autonomy.Andrew Sneddon - 2001 - Critica 33 (98):97-121.
    Such thinkers as John Stuart Mill, Gerald Dworkin, and Richard Doerflinger have appealed to the value of freedom to explain both what is wrong with slavery and what is wrong with selling oneself into slavery. Practical ethicists, including Dworkin and Doerflinger, sometimes use selling oneself into slavery in analogies intended to illustrate justifiable forms of paternalism. I argue that these thinkers have misunderstood the moral problem with slavery. Instead of being a central value in itself, I argue that freedom is (...)
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  • Against Dworkin's Endorsement Constraint: T. M. Wilkinson.T. M. Wilkinson - 2003 - Utilitas 15 (2):175-193.
    Ronald Dworkin argues on the basis of a theory of well-being that critical paternalism is self-defeating. People must endorse their lives if they are to benefit. This is the endorsement constraint and this paper rejects it. For certain kinds of important mistakes that people can make in their lives, the endorsement constraint is either incredible or too narrow to rule out as much paternalism as Dworkin wants. The endorsement constraint cannot be interpreted to give sensible judgements when people change their (...)
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  • More on Self-Enslavement and Paternalism in Mill: D. G. Brown.D. G. Brown - 1989 - Utilitas 1 (1):144-150.
  • Comment: Rationality, Hedonism, and the Case for Paternalistic Intervention: Robin West.Robin West - 1997 - Legal Theory 3 (2):125-131.
    Let us take, as a starting assumption, the Benthamic understanding of the point of law: We should make laws that will increase the overall happiness of the people whose lives are affected by them. But how should we go about doing that? And more particularly, what role, if any, should our held desires play in the task of ascertaining the content of our happiness? And when, if ever, should we defer to the desires of the affected masses, and when should (...)
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  • Not Going to Hell on One's Own.Marvin Glass - 1983 - Philosophy 58 (226):471 - 480.
    Liberalism, or at least twentieth century liberalism, is today out of fashion amongst the electorate of the United States and Britain. Even within the academy—often, contrary to liberalism itself, one of the last institutions to reflect major shifts in ideology—it appears to be losing its grip. The rise of neo-contractarianism in social and political philosophy and neo-conservatism in economics are only two pieces of evidence of its demise. Nevertheless, reports of its death have been greatly exaggerated in some quarters of (...)
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  • Braybrooke on Needs.Brock Gillian - 1994 - Ethics 104 (4):811-823.
    In 'Meeting Needs', Braybrooke argues that a new and improved version of utilitarianism can be constructed around making a priority of satisfying needs. In this paper I concentrate on Braybrooke's suggestion about the method for determining needs, and more generally, the method of settling issues concerning matters of need. (This emphasis is chosen since these problems are most devastating to his project as currently formulated.) I argue that Braybrooke's method is seriously flawed. Braybrooke believes that the process for settling issues (...)
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  • Paternalism and Respect for Autonomy.Danny Scoccia - 1990 - Ethics 100 (2):318-334.
  • The Justification of Paternalism.Bernard Gert & Charles M. Culver - 1979 - Ethics 89 (2):199-210.
  • Mill, Paternalism and Psychiatry.Fred D'Agostino - 1982 - Australasian Journal of Philosophy 60 (4):319 – 330.
  • Liberalism, Bad Samaritan Law, and Legal Paternalism.H. M. Malm - 1995 - Ethics 106 (1):4-31.
  • Berichte und diskussionen.[author unknown] - 1999 - Kant Studien 90 (2):191-222.
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  • Mill, Paternalism, and Slavery.John D. Hodson - 1980 - Analysis 41 (1):60 - 62.
  • The Inherent Paternalism in Clinical Practice.Henrik R. Wulff - 1995 - Journal of Medicine and Philosophy 20 (3):299-311.
    It is sometimes suggested that the physician should offer the patient “just the facts,” preferably in a “value-free manner,” explain the different options, and then leave it to the patient to make the choice. This paper explores the extent to which this adviser model is realistic. The clinical decision process and the various components of clinical reasoning are discussed, and a distinction is made between the biological, empirical, empathic/hermeneutic and ethical components. The discussion is based on the ethical norms of (...)
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  • Trusting Paternalism? Trust as a Condition for Paternalistic Decisions.Debra Shogan - 1991 - Journal of the Philosophy of Sport 18 (1):49-58.