The Blanket Ban on Assisted Suicide: Between Moral Paternalism and Utilitarian Justice
In: European Human Rights Law Review, Issue 3/ 2015, 285-295
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In: European Human Rights Law Review, Issue 3/ 2015, 285-295
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In: Oxford Research Encyclopedia of Politics
"Paternalism" published on by Oxford University Press.
In: Warsaw studies in philosophy and social sciences 5
Cover; Title; Copyright; Contents; Preface; Goverment Paternalism; 1 Introduction; 2 What Is Paternalism?; The Interference in Freedom; Promoting the Good; The Question of Consent; Conclusion: A Definition of Paternalism; 3 Types of Paternalism; Legal Paternalism; Soft and Hard Paternalism; Means and Ends Paternalism; Perfectionism; Volitional and Critical Paternalism; Moral Paternalism and Legal Moralism; Other Categories of Paternalism; Conclusion; 4 Paternalism in Practice; Types of Government Intervention; Nonpaternalistic Justifications for State Intervention
In: Routledge handbooks in applied ethics
In: Routledge handbooks in philosophy
The concept of paternalism / Danny Scoccia -- Hard and soft paternalism / Jason Hanna -- Moralism and moral paternalism / Peter de Marneffe -- Paternalism by and towards groups / Kalle Grill -- Self-paternalism / Chrisoula Andreou -- Paternalism and well-being / Jason Raibley -- Consequentialism, paternalism, and the value of liberty / Sarah Conly -- Kantian perspectives on paternalism / Melissa Seymour Fahmy -- Paternalism and duties to self / Michael Cholbi -- Paternalism and rights / Daniel Groll -- Paternalism and sentimentalism / Michael Slote -- Paternalism and autonomy / Suzy Killmister -- Mill's absolute ban on paternalism / Jonathan Riley -- Perfectionism and paternalism / Steven Wall -- Libertarian perspectives on paternalism / Peter Vallentyne -- Egalitarian perspectives on paternalism / Richard Arneson -- Should the capability approach be paternalistic? / Serene Khader -- Libertarian paternalism, nudging and public policy / Muireann Quigley -- Paternalistic manipulation / Moti Gorin -- Paternalistic lying and deception / Andreas Stokke -- Epistemic paternalism / Kristoffer Ahlstrom-Vij -- Paternalism and the criminal law / Heidi Hurd -- Paternalism and contract law / Péter Cserne -- Paternalism and the practitioner/patient relationship / Emma C. Bullock -- Deciding for the incompetent / Dana Howard -- Paternalism and education / Gina Schouten -- Paternalism and intimate relationships / George Tsai.
In: Social theory and practice: an international and interdisciplinary journal of social philosophy, Band 40, Heft 3, S. 483-498
ISSN: 2154-123X
In: Philosophy & public affairs, Band 10, Heft 1, S. 27-46
ISSN: 0048-3915
Most philosophical analyses of paternalism agree in finding paternalism strongly objectionable, while having given up the search for a utilitarian argument against it. The concept of moral autonomy is often invoked as a basis of objecting to paternalism, but no conclusive demonstration of this has been presented. Attempts to show that moral autonomy provides a basis for limiting paternalism have failed. Various formulations of the autonomy principle are reviewed & shown not to imply rejection of paternalism. Further, paternalism does not necessarily violate the personal dignity implied by moral autonomy. While these arguments do not equal a defense of paternalism, they do suggest a need to deal with particular cases rather than with seeking a general argument for or against paternalism. W. H. Stoddard.
In: Routledge handbooks in philosophy
The concept of paternalism / Danny Scoccia -- Hard and soft paternalism / Jason Hanna -- Moralism and moral paternalism / Peter de Marneffe -- Paternalism by and towards groups / Kalle Grill -- Self-paternalism / Chrisoula Andreou -- Paternalism and well-being / Jason Raibley -- Consequentialism, paternalism, and the value of liberty / Sarah Conly -- Kantian perspectives on paternalism / Melissa Seymour Fahmy -- Paternalism and duties to self / Michael Cholbi -- Paternalism and rights / Daniel Groll -- Paternalism and sentimentalism / Michael Slote -- Paternalism and autonomy / Suzy Killmister -- Mill's absolute ban on paternalism / Jonathan Riley -- Perfectionism and paternalism / Steven Wall -- Libertarian perspectives on paternalism / Peter Vallentyne -- Egalitarian perspectives on paternalism / Richard Arneson -- Should the capability approach be paternalistic? / Serene Khader -- Libertarian paternalism, nudging and public policy / Muireann Quigley -- Paternalistic manipulation / Moti Gorin -- Paternalistic lying and deception / Andreas Stokke -- Epistemic paternalism / Kristoffer Ahlstrom-Vij -- Paternalism and the criminal law / Heidi Hurd -- Paternalism and contract law / Péter Cserne -- Paternalism and the practitioner/patient relationship / Emma C. Bullock -- Deciding for the incompetent / Dana Howard -- Paternalism and education / Gina Schouten -- Paternalism and intimate relationships / George Tsai
In: Philosophy & public affairs, Band 7, Heft 4, S. 370-390
ISSN: 0048-3915
The concept of paternalism, normally applied to interference with liberty of action for the good of the person interfered with, should be extended to withholding information or lying with the same intent. Surveys & statements of individual physicians indicate that this form of paternalism is widespread in medical practice. Arguments for this practice appeal either to the primary duty to prevent harm, to an implied contract with the patient for the prevention of such harm, or to the patient's incapacity to understand the situation. These arguments confuse technological & moral competence, assuming that the superior knowledge of physicians, in medical matters amounts to superior ability to solve moral problems arising in medical practice. W. H. Stoddard.
In: Routledge handbooks in applied ethics
The concept of paternalism / Danny Scoccia -- Hard and soft paternalism / Jason Hanna -- Moralism and moral paternalism / Peter de Marneffe -- Paternalism by and towards groups / Kalle Grill -- Self-paternalism / Chrisoula Andreou -- Paternalism and well-being / Jason Raibley -- Consequentialism, paternalism, and the value of liberty / Sarah Conly -- Kantian perspectives on paternalism / Melissa Seymour Fahmy -- Paternalism and duties to self / Michael Cholbi -- Paternalism and rights / Daniel Groll -- Paternalism and sentimentalism / Michael Slote -- Paternalism and autonomy / Suzy Killmister -- Mill's absolute ban on paternalism / Jonathan Riley -- Perfectionism and paternalism / Steven Wall -- Libertarian perspectives on paternalism / Peter Vallentyne -- Egalitarian perspectives on paternalism / Richard Arneson -- Should the capability approach be paternalistic? / Serene Khader -- Libertarian paternalism, nudging and public policy / Muireann Quigley -- Paternalistic manipulation / Moti Gorin -- Paternalistic lying and deception / Andreas Stokke -- Epistemic paternalism / Kristoffer Ahlstrom-Vij -- Paternalism and the criminal law / Heidi Hurd -- Paternalism and contract law / Péter Cserne -- Paternalism and the practitioner/patient relationship / Emma C. Bullock -- Deciding for the incompetent / Dana Howard -- Paternalism and education / Gina Schouten -- Paternalism and intimate relationships / George Tsai
In: Moral philosophy and politics, Band 4, Heft 2, S. 325-346
ISSN: 2194-5624
Abstract
Many people feel that respecting a person's autonomy is not sufficiently important to obligate us to stay out of their affairs in all cases; but the ground for interference may often turn out to be a hunch that the agent cannot really be competent, or cannot really know what her decision implies; for if she were both of these things, surely she would not make such a foolish decision. This paper suggests a justification of paternalism that does not rely on such appeals. I argue that in cases where an agent will undergo a significant alteration in their evaluative outlook – 'evaluative shift' – three central, persuasive objections to paternalism lose their force, and offer a prima facie case for paternalism in some of these cases. I then suggest that we can extend this argument to some cases where evaluative alteration is not predictable, but where the risk and harm are both significant. In such cases, paternalism may be justified.
In: IEEE technology and society magazine: publication of the IEEE Society on Social Implications of Technology, Band 34, Heft 2, S. 47-55
ISSN: 0278-0097
In this article we examine Classical Confucian political thinking through the lens of paternalism. We situate Confucianism amid contemporary models of paternalism to show that Confucianism can be understood as a soft form of paternalism regarding its method. Confucianism stresses cultivation of the people by moral exemplars to guide the people to act in ways that are in their own best interests. This is in contrast to use of law and punishment as a deterrent of unwanted behaviours of the people. We demonstrate that Confucian paternalism does not advocate for a static top-down structure of governance that is incapable of reform, underscoring its non-authoritarian ideal. We do this by stressing the vital upward momentum constituted in general cultivation of the wider population utilizing li (rituals). The picture that emerges from an examination of Confucian political thought through the lens of paternalism is what we name "exemplary paternalism."
BASE
In: Culture and dialogue, Band 8, Heft 2, S. 220-250
ISSN: 2468-3949
Abstract
In this article we examine Classical Confucian political thinking through the lens of paternalism. We situate Confucianism amid contemporary models of paternalism to show that Confucianism can be understood as a soft form of paternalism regarding its method. Confucianism stresses cultivation of the people by moral exemplars to guide the people to act in ways that are in their own best interests. This is in contrast to use of law and punishment as a deterrent of unwanted behaviours of the people. We demonstrate that Confucian paternalism does not advocate for a static top-down structure of governance that is incapable of reform, underscoring its non-authoritarian ideal. We do this by stressing the vital upward momentum constituted in general cultivation of the wider population utilizing li (rituals). The picture that emerges from an examination of Confucian political thought through the lens of paternalism is what we name "exemplary paternalism."
"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"--