Mill and Paternalism


Book Description

Many discussions of J. S. Mill's concept of liberty focus too narrowly on On Liberty and fail to acknowledge that his treatment of related issues elsewhere may modify its leading doctrines. Mill and Paternalism demonstrates how a contextual reading suggests that in Principles of Political Economy, and also his writings on Ireland, India and on domestic issues like land reform, Mill proposed a substantially more interventionist account of the state than On Liberty seems to imply. This helps to explain Mill's sympathies for socialism after 1848, as well as his Malthusianism and feminism, which, in conjunction with Harriet Taylor's views, are central to his later discussions of the family and marriage. Feminism, indeed, is shown to provide the answer to the problem which most agitated Mill, overpopulation. Thus Gregory Claeys sheds new lights on many of Mill's overarching preoccupations, including the theory of liberty at the heart of On Liberty.




Paternalism


Book Description

Should the government influence or coerce us for our 'own good'? This volume discusses specific applications in policy and law.




Government Paternalism


Book Description

Should governments save people from themselves? Do governments have the right to influence citizens' behavior related to smoking tobacco, eating too much, not saving enough, drinking alcohol, or taking marijuana—or does this create a nanny state, leading to infantilization, demotivation, and breaches in individual autonomy? Looking at examples from both sides of the Atlantic and around the world, Government Paternalism examines the justifications for, and the prevalence of, government involvement and considers when intervention might or might not be acceptable. Building on developments in philosophy, behavioral economics, and psychology, Julian Le Grand and Bill New explore the roles, boundaries, and responsibilities of the government and its citizens. Le Grand and New investigate specific policy areas, including smoking, saving for pensions, and assisted suicide. They discuss legal restrictions on risky behavior, taxation of harmful activities, and subsidies for beneficial activities. And they pay particular attention to "nudge" or libertarian paternalist proposals that try to change the context in which individuals make decisions so that they make the right ones. Le Grand and New argue that individuals often display "reasoning failure": an inability to achieve the ends that they set themselves. Such instances are ideal for paternalistic interventions—for though such interventions might impinge on autonomy, the impact can be outweighed by an improvement in well-being. Government Paternalism rigorously considers whether the state should guide citizen decision making in positive ways and if so, how this should be achieved.




Offense to Others


Book Description

The second volume in Joel Feinberg's series The Moral Limits of the Criminal Law, Offense to Others focuses on the "offense principle," which maintains that preventing shock, disgust, or revulsion is always a morally relevant reason for legal prohibitions. Feinberg clarifies the concept of an "offended mental state" and further contrasts the concept of offense with harm. He also considers the law of nuisance as a model for statutes creating "morals offenses," showing its inadequacy as a model for understanding "profound offenses," and discusses such issues as obscene words and social policy, pornography and the Constitution, and the differences between minor and profound offenses.




Paternalism


Book Description




Against Autonomy


Book Description

Argues that laws that enforce what is good for the individual's well-being, or hinder what is bad, are morally justified.




Public Bioethics


Book Description

""Public Bioethics collects the most influential essays and articles of James F. Childress, a leading figure in the field of contemporary bioethics. These essays, including new, previously unpublished material, cohere around the idea of "public bioethics," which involves analyzing and assessing public policies in biomedicine, health care, and public health, often through public deliberative bodies. The volume is divided into four sections. The first concentrates on the principle of respect for autonomy and paternalistic policies and practices. The second explores the tension among bioethics, public policy, and religious convictions. It pays particular attention to the role of religious convictions in the formation of public policies and to the basis and limits of exemptions of health care providers who conscientiously oppose providing certain legal and patient-sought services. The third section looks at practices and policies related to organ transplantation. Childress focuses particularly on determining death, obtaining first-person consent for deceased organ donation, and allocating donated organs effectively and fairly. The book's fourth and final section maps the broad terrain of public health ethics, proposes a triage framework for the use of resources in public health crises, addresses public health interventions that potentially infringe civil liberties, and sheds light on John Stuart Mill's misunderstood legacy for public health ethics."--Provided by publisher.




Mill's On Liberty


Book Description

This volume of essays covers the whole range of problems raised in and by Mill's On Liberty, including the concept of liberty, the toleration of diversity, freedom of expression, the value of allowing 'experiments in living', the basis of individual liberty, multiculturalism and the claims of minority cultural groups.




Law, Liberty, and Morality


Book Description

This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share.




In Our Best Interest


Book Description

When, if ever, is it permissible to intervene in a person's affairs for his or her own good? This, in essence, is the moral problem of paternalism. Many consider paternalism morally objectionable. In this book, Jason Hanna argues boldly for an alternative pro-paternalist view: that intervention is permissible so long as it serves the best interest of the person subject to it, without thereby wronging others. To Hanna, the moral debate over paternalism is most fundamentally a debate about the weight and relevance of a certain kind of reason or rationale for intervention. In arguing that paternalistic rationales provide valid and weighty reasons, Hanna considers the objections that paternalism is disrespectful, that it wrongly imposes values on people, that it violates individual rights, and that it is likely to be misapplied or abused. He argues that each of these objections fails to demonstrate that there is anything distinctively problematic about paternalism. Moreover, he attempts to situate pro-paternalism within a popular rights-based moral theory. Hanna shows that popular alternatives to pro-paternalism confront serious problems of their own, especially insofar as they attempt to distinguish permissible intervention on behalf of incompetent persons from impermissible intervention on behalf of competent adults. Although the book's central aim is to defend a moral view, it suggests how this view can be fruitfully applied in a number of real-world contexts.