The principle of legal paternalism justifies state coercion to protect individuals from self-inflicted harm, or in its extreme version, to guide them, ...
This article's central interest is to examine the special philosophical difficulties that arise in attempts to think about paternalism in legal contexts.
Feinberg argues that legal paternalism is a “presumptively blameable” view because it implies that the state often can know the interests of individual ...
A paternalistic action is an action which involves doing something which is prima facie wrong to a person for the reason that the action is believed to be for ...
Paternalism is action that limits a person's or group's liberty or autonomy and is intended to promote their own good. ... Paternalism can also imply that the ...
由 J Feinberg 著作 · 1971 · 被引用 653 次 — The principle of legal paternalism justifies state coercion to protect individuals from self-inflicted harm, or in its extreme version, to guide them, whether ...
由 H HÄYRY 著作 · 1992 · 被引用 13 次 — Ten's point is that in matters which concern only the individuals themselves, their actions cannot be legitimately restricted by appeals to the consequences of ...
#11.
Can Paternalism Be “Soft”? Paternalism and Criminal Justice
2Legal paternalism consists of restricting the freedom and choices of individuals in order to protect them from themselves.
#12.
Paternalism and the Law | Issue 71 | Philosophy Now
Some of these laws benefit the person restricted by the law, such as laws which prohibit underage smoking (this is called pure paternalism). Some of these laws ...
#13.
Peter Suber, "Paternalism" - Harvard DASH
Legal paternalism and the harm principle come into conflict over (1) competent self-harm and risk of self-harm, (2) harm to consenting others, ...
#14.
Legal Paternalism and the Eclipse of Principle - SSRN Papers
Legal paternalism involves, very roughly, requiring persons to do something for their own good. We often think of debates between legal ...
#15.
Governing [through] Autonomy. The Moral and Legal Limits of ...
Legal paternalism is expressed by the principle that “the need to prevent self-inflicted harm [is] a legitimatizing reason for coercive legislation” (Feinberg ...
#16.
Paternalism - an overview | ScienceDirect Topics
Paternalism is opposed by the liberal tradition, at least when it targets sufficiently voluntary behavior. In legal contexts, policies may be paternalistic for ...
#17.
Legal Paternalism
The principle of legal paternalism justifies state coercion to protect individuals from self-inflicted harm, or in its extreme version, to guide them, ...
#18.
Legal Paternalism and the Eclipse of Principle - University of ...
Legal paternalism involves, very roughly, requiring per- sons to do something for their own good. We often think of debates between legal paternalists and ...
#19.
On Justifying Legal Paternalism - ResearchGate
Some conceptual differences between legal paternalism and other forms of state coercion that also depart from the principle of harm to others will be ...
#20.
Legal Paternalism and the Eclipse of Principle - IUPUI ...
Legal paternalism involves, very roughly, requiring persons to do something for their own good. We often think of debates between legal paternalists and ...
#21.
Legal paternalism and its ethical justification in Ernesto ...
In 1988, in Doxa journal, an article written by Garzón Valdés was published under the title "Is legal paternalism ethically justifiable?" in which the author ...
#22.
Gender, Work-Family Relations, and Sentencing - SAGE ...
1977. “Judicial Paternalism and the Female Status Offender: Training Women to Know Their Place.” Crime and Delinquency 23:121-30 ...
#23.
AUTONOMY
An action is paternalistic if its intent is to promote good or prevent harm to a person, the action is contrary to the current preferences of that person, and ...
#24.
5. Legal Paternalism - De Gruyter
Legal Paternalism ". Rights, Justice, and the Bounds of Liberty: Essays in Social Philosophy, Princeton: Princeton University Press, 2014, pp.
#25.
Private Law and State Paternalism: Too Much Legal ... - Neliti
This study aims to analyze the phenomenon of judicial paternalism in its various facets, a practice that has gained importance in various legal systems ...
#26.
Libertarianism and Legal Paternalism - Mises Institute
Legal paternalism is the view that the law should, at least sometimes, require people to act (a) against their will (b) for their own good, in that way.
#27.
How Wrong is Paternalism? in - Brill
Joel Feinberg, The Moral Limits of the Criminal Law: Harm to Self (Oxford: Oxford University Press, 1986). Jeffrie Murphy, 'Incompetence and ...
#28.
Paternalism in social policy when is it justifiable? - Parliament ...
This paper argues that paternalist policies may be considered justifiable under ... exclusively to state paternalism—that is, the use of legal coercion.
#29.
The new era of COVID-19 legal paternalism and the limitation ...
What kind of paternalism is compatible with an open and democratic society based on freedom and equality and a legal system that recognises ...
#30.
Liberalism, Bad Samaritan Law, and Legal Paternalism - The ...
Liberalism, Bad Samaritan Law, and Legal Paternalism. H. M. Malm. H. M. Malm. Search for more articles by this author.
#31.
The paradoxes of legal paternalism and how to resolve them*
Legal paternalism occurs when the law forces individuals to avoid certain risks ('hard paternalism'), or without coercion, nudges them away from such risks ...
#32.
Chapter 10 - Consumer Law and Paternalism - Regulatory ...
In general terms, a consumer law will be categorised as “paternalistic” in ... It does not examine legal paternalism in areas that do not involve buying and ...
#33.
Paternalism | Oxford Research Encyclopedia of Politics
Legal moralism prevents inherently immoral conduct, that is, conduct that is immoral or wrong for reasons independent of harm to the person's welfare or moral ...
#34.
LECTURE 15 PATERNALISM CONTEMPORARY MORAL ...
When is legal paternalism permissible or required? What reasons can be given for or against the justifiability of paternalistic legislation or action by the ...
#35.
Joel Feinberg and the Justification of Hard Paternalism
1 Feinberg opposes Legal Paternalism, the doctrine that “it is always a good reason in support of a [criminal law] prohibition that it is necessary to prevent ...
#36.
For Your Own Good - Markkula Center for Applied Ethics
At issue in the controversy over the helmet law is the problem of paternalism. Paternalism can be defined as interfering with a person's freedom for his or ...
#37.
Legal paternalism masquerading as patient autonomy | The BMJ
Legal paternalism masquerading as patient autonomy. Society has to compensate patients harmed by medical procedures without the added burden of ...
#38.
Conversion Therapy Bans and Legal Paternalism - LSE Law ...
I rely on the logics behind existing paternalistic bans on physician-assisted suicide for persons with disabilities, consensual cannibalism, and ...
#39.
not the only alternatives for handling Saikewicz-type cases
Medical paternalism or legal imperialism: not the only alternatives for handling Saikewicz-type cases. Am J Law Med. Summer 1979;5(2):97-117.
#40.
The Routledge Handbook of the Philosophy of Paternalism
Why identify moral harm as harm to character? How relevant is moralistic legal paternalism? The validity of legal moralism; The scope of legal moralism; Related ...
#41.
NAVER Academic > 법적 후견주의
Legal moralists argue against paternalism, while liberals who abhor moral legalism also criticise it. According to harm principle based on classical liberalism, ...
#42.
the limited utility of human rights law on the journey to reform ...
Reading narratives of privilege and paternalism: the limited utility ... rights law, Northern Ireland, CEDAW, devolution, legal paternalism ...
#43.
RULES AND THE INEVITABILITY OF PATERNALISM Leandro ...
Libertarian Paternalism; Soft Paternalism; Default Rules; Behavioral Law and ... some years ago,5 argue however for a new style of legal paternalism, one.
#44.
Paternalism - Dworkin
By paternalism I shall understand roughly the interference with a person's ... validity and sanction from the law" (Principles of Political Economy).
#45.
Paternalism in the Law of Marriage
allowing them to personalize their legal relationship in ways that are ... into the same mode of paternalism traditional in law-wise old persons telling us.
#46.
It's for your own good: legal paternalism and New Zealand ...
It's for your own good: legal paternalism and New Zealand consumer credit laws KATE TOKELEY ; Edition 1st Edition ; First Published 2016 ; Imprint Routledge ; Pages ...
#47.
Philosophy of Law
Legal paternalism is the view that it is permissible for the state to legislate against what Mill calls “self-regarding actions” ...
#48.
Rational suicide, assisted suicide, and indirect legal ...
To argue against indirect legal paternalism, the practice of legally preventing someone else to assist a person to perform a suicide or to be killed on ...
#49.
Harm Principle Vs Legal Paternalism Essay | ipl.org
However, they argue different view points and restrictions. The harm principle is chiefly concerned with upholding an individual's right to somehow harm oneself ...
#50.
Counting the Dragon's Teeth and Claws: the Definition of Hard ...
Definition of Hard Paternalism. Thaddeus Mason Pope. Mitchell Hamline School of Law, [email protected]. Publication Information.
#51.
Paternalism | - Law Explorer
I further assume that legal philosophers are less likely to be interested in paternalism per se than in paternalism in the domain of law. Thus I ...
#52.
Paternalism - Peter Lang Verlag
Moral Theory and Legal Practice ... and critically evaluates conceptual and justificatory models related to paternalism in the context of moral philosophy.
#53.
Paternalism: Moral Theory and Legal Practice - 博客來
書名：Paternalism: Moral Theory and Legal Practice，語言：英文，ISBN：9783631668009，頁數：239，作者：Szerletics, Antal，出版日期：2015/09/28，類別：人文社 ...
#54.
作为一种法律干预模式的家长主义 - 法学研究
英文摘要: Although there are some instances of legal paternalism in branches of law in China, its legitimacy in the system of legal discourse has not been ...
#55.
Behavioral Paternalism | Cairn.info
According to Gerald Dworkin, for instance, paternalism covers “the interference with a person's liberty of action justified by reasons referring exclusively to ...
#56.
Legal Paternalism: Between Neutrality and Perfection
LEGAL PATERNALISM : BETWEEN NEUTRALITY AND PERFECTION 1. Introduction In Joel Feinberg's classification of the liberty-limiting principles which might ...
#57.
Legal Paternalism in the Securities Markets - CLS Blue Sky Blog
Federal securities regulation is based on a non-paternalistic approach to the securities markets. The law utilizes disclosure to regulate ...
#58.
JUSTIFYING PATERNALISM
What is legal paternalism? A law is paternalistic if it is enacted to promote the good of the target audience by overruling their own judgment about what is ...
#59.
Paternalism - Digital Commons @ IWU
Legal paternalism, on the other hand, is state action or coercion (laws, statutes, court orders and rulings, etc.) with the goal of "protecting" individuals ...
#60.
SSRN - Legal Paternalism and the Eclipse of Principle - PlumX
Legal paternalism involves, very roughly, requiring persons to do something for their own good. We often think of debates between legal paternalists and ...
#61.
HART ON PATERNALISM IN Law, Liberty, and Morality (New ...
HART ON PATERNALISM. By CHRISTINE PIERCE. IN Law, Liberty, and Morality (New York: Vintage Books, 1963). H. L. A. Hart defends J. S. Mill's liberal view of ...
#62.
Chapter 3. Legal Paternalism and the Auto-Enrolment Regime
Chapter 3. Legal Paternalism and the Auto-Enrolment Regime. Extract. Auto Enrolment (AE) was introduced as a result of the lack of pension saving by individuals ...
#63.
Light-Touch Regulation for Consumer Mortgages - Journal.fi
The New Legal Paternalism: Light-Touch Regulation for. Consumer Mortgages. Keywords: behavioral law and economics, bounded rationality, default rules, ...
#64.
Surveillance And Profiling. Online Person's Privacy Between ...
Online Person's Privacy Between Criminogenic Structures And Legal Paternalism. Publication Type, Journal Article. Year of Publication, 2021.
#65.
Subverting legal paternalism to deeply engage with young ...
The legal system in Australia remains overly paternalistic, particularly in its treatment of Aboriginal children and young people. The system needs to shift its ...
#66.
Paternalism, Public Health, and Behavioral Economics
The debate among economists spread to the legal literature with works like those by Richard Thaler and Cass Sunstein.14. Their heirs in law schools quickly ...
#67.
A Third Theory of Paternalism - University of Michigan Law ...
This Article examines the normative significance of paternalism. That an ac- tion, a law, or a policy is paternalistic generally counts ...
#68.
Concept and characters of tax and legal paternalism of the ...
The bibliography of tax law studies of the fiscal state is as deep as the sources of tax-legal paternalism. However, there are sufficient grounds for claiming ...
#69.
the hidden costs of self-commanding strategies - HAL-SHS
Likewise, legal paternalism can, on occasion, be less harmful than personal rules or precommitment; similarly, nudges can be more invasive and less ...
#70.
Liberalism's case against legal paternalism - Tulane ...
... support for legal paternalism. In particular, political liberalism is susceptible to neutral paternalism as a viable candidate for liberal support.
#71.
freedom of choice and paternalism in contract law: prospects ...
After attending the Erasmus Program in Law and Economics in the academic year ... In recent years, contract regulation and legal paternalism have raised ...
#72.
Light-Touch Regulation for Consumer Mortgages - University ...
The New Legal Paternalism: Light-Touch Regulation for Consumer Mortgages ... 513 Law; Law and Economics; financial regulation; behavioral law and economics ...
#74.
Paternalism and the criminal law - Illinois Experts
First, legislative paternalism appears ill at ease with each of the major theories of punishment. Second, and quite independently, paternalistic ...
#75.
Anti-paternalism and Public Health Policy - DIVA
A novel generic definition of paternalism is proposed, intended to capture, ... liberalism to the subject of criminal law and defined legal paternalism so:.
#76.
Why It's Time to Stop Worrying About Paternalism in Health ...
our discussions of public health policies in terms of paternalism. ... any particular law that it is wrong because it is paternalistic, but rather make the ...
#77.
NYU School of Law to Host Symposium On Legal Paternalism
WHAT: A day-long symposium featuring three panels; participants include Susan Block-Lieb (Fordham University), Joshua Wright (George Mason ...
#78.
The Routledge Handbook of the Philosophy of Paternalism
While paternalism has been a long-standing philosophical issue, it has recently received renewed ... such as law, medicine, sociology and political science.
#79.
Freedom of choice and paternalism in contract law - CORE
and normative issues of paternalism in political and legal philosophy, and then focuses on legal policy questions in contract law.
#80.
Justifications for Paternalism - CiteSeerX
Regan, Donald H. "Justifications for Paternalism." In Nomos XV: The Limits of Law, edited by J. R. Pennock and J. W. Chapman,. 189-210. New ...
#81.
Paternalism - Kalle Grill
individual paternalism, though not only with the law but also with public opinion, ... moralism must be distinguished from acceptable legal paternalism.
Sunstein, Probability Neglect: Emotions, Worst Cases, and Law,. 112 YALE L.J. 61 (2002). 8. Blumenthal, Affective Forecasting, supra note 4, at 166-73. 9. See, ...
#83.
Paternalism and Euthanasia: The Case of Diane Pretty before ...
Euthanasia; physician assisted suicide; paternalism; Pretty v UK; ... E. GARZÓN VALDÉS, On Justifying Legal Paternalism, in Ratio Juris 3, 1990, p.
#84.
Juxtaposing Autonomy and Paternalism in Private Law
Juxtaposing Autonomy and Paternalism in Private Law [Ogus, Anthony I, Boom, Willem H van] on Amazon.com. *FREE* shipping on qualifying offers.
#85.
Paradoxes of Legal Paternalism - Dispense - Skuola.net
Paradoxes of Legal Paternalism · C OMPARING SOCIAL AND CULTURAL · PHENOMENA E G OF EGAL ATERNALISM · N · ON PATERNALIST JUSTIFICATIONS · P · ARADOXES · E XPLANATION OF ...
#86.
Chapter 7: Paternalism - The Victorian Web
“Justifying Paternalism” Canadian Journal of Philosophy, 7 (1977). Dworkin, Gerald. “Paternalism” Morality and the Law, ed. Richard A.
#87.
Paternalism in Healthcare and Health Policy - Oxford ...
Joel Feinberg, “Legal Paternalism,” Canadian Journal of Philosophy 1 (1971): 105–124. 10. Tom L. Beauchamp and Laurence B. McCullough, Medical Ethics: The Moral ...
#88.
Paternalism: A Libertarianism.org Guide
The view that such laws are legitimate is called legal paternalism or narrow paternalism to distinguish it from broad paternalism, ...
#89.
On Distinguishing Justifiable from Unjustifiable Paternalism
Unlike doctors in the burn unit, the surgeons refused to operate unless Cowart gave informed consent or was declared legally incompetent and a court-appointed ...
#90.
25_The Ideological Roots of Legal Paternalism in India
Title: 25_The Ideological Roots of Legal Paternalism in India - A Rejoinder. Authors: Bhatnagar, Brijendra P. Publisher: Indian Law Institute,New Delhi.
#91.
Lawyer Decisionmaking and the Questionably Competent Client
See, e.g., Luban, Paternalism and the Legal Profession, 1981 WIS. L. REV. 454; Simon, The Ideology of Advocacy: Procedural Justice and Professional Ethics, 1978.
#92.
Mill on Paternalism - Journal of Political Inquiry
5 Gerald Dworkin, “Moral Paternalism,” Law and Philosophy, 2005 24(3), 305-319. 6 John Stuart Mill, On Liberty (Cambridge University Press Edition, ed.
#93.
Session 20 Gerald Dworkin's “Paternalism” - MIT ...
Some examples of legal paternalism: • Pure, involving criminal or civil penalties: - Seat-belt laws. - Laws against suicide. - Law regulating sexual conduct ...
#94.
법적 후견주의 ― 개념분석적 고찰 ― - 한국학술지인용색인
Legal Paternalism ― A Conceptual-Analytic Study ― - paternalism;harm to self;harm principle;legal moralism;autonomy;beneficence.
#95.
Moralism and moral paternalism - Arizona State University
This analysis is used to identify the content of Joel Feinberg's “legal moralism” and “moralistic legal paternalism” and to explain the ...
#96.
Essential J.S. Mill: Against Government Paternalism - YouTube
legal paternalism 在 Essential J.S. Mill: Against Government Paternalism - YouTube 的推薦與評價
... <看更多>