2019-5-24 · WHAT IS PATERNALISM? • Just so we’re on the same page… • (cf. Dworkin) An agent A acts paternalistically towards a patient P if and only if A implements an interference with P’s liberty or autonomy, Z, against P’s will or without P’s knowledge, such that Z promotes P’s well-being, goals, or interests W • Here focus on well-being, as understood in the Nudge literature
Dworkin's view of Paternalism. Paternalism is justified only in those cases that rational, prudent beings would agree to have their freedom limited. Those whose outcome is irreversible; those decisions made under psychological or sociological stress; those whose outcome is not understood.
E.g., GERALD DWORKIN, THE THEORY AND PRACTICE OF AUTONOMY 124 ( 1988) [hereinafter. DWORKIN, AUTONOMY]; FEINBERG, HARM TO SELF, supra Paternalism - Dworkin Neither one person, nor any number of persons is warranted in saying to another human creature of ripe years, that he shall not do with his life for his own benefit what he chooses to do with it. Outline of Dworkin on Paternalism (in James White text) Paternalism = limitations on personal freedom or choice, done to benefit the person whose freedom is restricted Pure: Only the person benefited loses freedom Ultimately, Dworkin builds a strong affirmative case for paternalism by pursuing a largely consequentialist, or more specifically, utilitarian framework. By contending that, in certain cases, paternalism provides the most autonomy as a whole despite the deprivation of autonomy in the present moment, Dworkin proves that the general positive utility of paternalism outweighs the brief negative utility.
Defining Paternalism. Gerald Dworkin. Wittgenstein from, Bowsma "Wittgenstein:conversations "The merit of any definition…depends upon the soundness of the theory that results; by itself, a definition cannot settle any fundamental question. Rawls, Theory of JusticeeAny definition of a concept is subject to various criteria for a good definition in One such argument has been advance 126 by Ronald Dworkin in his Tanner The endorsement thesis seems to ground an objection to the 171 possibility of moral paternalism. An essential premise of MP is that 172 some intervention can improve the quality of a person's moral life or 173 character, and as a result his life go better for him. The philosopher Gerald Dworkin has defined paternalism as “the interference of a state or an individual with another person, against their will, and justified by a claim that the person interfered with be better off or protected from harm.” 7 (The agent need not be limited to the “state” or an “individual” but can include an institution or a group of individuals in specific roles.) paternalism, including those of John Stuart Mill, Gerald Dworkin, and Joel Feinberg, are seriously defective. This is due to their neglect of two basic methodological points ((2) and (3)) about developing a theory of paternalism.
Moral paternalism. G Dworkin. Law and Philosophy 24 (3), 305-319, 2005. 160, 2005. Autonomy and the demented self. R Dworkin. The Milbank Quarterly, 4-16,
A Trust-Based Argument Against Paternalism. Simon R. Clarke - 2013 - In Pekka Makela & Cynthia Townley (eds.), Trust: Analytic and Applied Persectives . Gerald Dworkin, professor of philosophy at the University of California-Davis, examines John What is the difference between “pure” and “impure” paternalism?.
26 May 2011 Gerald Dworkin, Paternalism, in Gerald. Dworkin (ed.), Mill's On Liberty, (1997) 62; Joel Feinberg, Legal Paternalism, in Joel Feinberg, Rights,
Firstly, the paternalism must be intended to [15] Philosopher, Gerald Dworkin, uses as an example of impure paternalism attempts by a government to prevent the manufacture of cigarettes on the grounds Dworkin, John Kleinig and David Archard. On my account, paternalism need not be coercive, nor restrict liberty of action, though there is one sense in which it The first objection is that paternalism is wrong because autonomy is a significant part of a person's good. Paternalistic [Google Scholar] ; Dworkin . Paternalism Paternalism,” Ethics 90 (July 1980): 470-89; Gerald Dworkin, “Paternalism,” reprinted in. Gerald Dworkin (ed.), Mill's On Liberty: Critical Essays (Lanham, MA, 19 Dec 2014 Gerald Dworkin; Paternalism, The Monist, Volume 56, Issue 1, 1 January 1972, Pages 64–84, https://doi.org/10.5840/monist197256119.
Leading liberal theorist Ronald Dworkin builds a case against paternalism, rooted in his liberal ethical theory, especially the requirement of ethical integrity. But his case is successful only against less sophisticated forms of paternalism. A Defence of Medical Paternalism: Maximising Patients' Autonomy. Autonomy should be restricted if it is done so with the expectation of a substantial benefit to others. Dworkin's examples of paternalism (quoted from Dworkin): Laws requiring motorcyclists to wear safety helmets when operating their machines Laws forbidding persons from swimming at a public beach when lifeguards are not on duty. Dworkin On Paternalism LIBERTY AND PATERNALISM John Stuart Mill and Gerald Dworkin have distinctly opposing views on legal paternalism in that Mill is adamantly against any form of paternalism, whereas Dworkin believes that there do exist circumstances in which paternalism is justified. Dworkin claims that as far as paternalism and law are concerned, it is the state’s responsibility to show exactly the nature of the potential harm and the probability of its occurrence, and that the state should interfere as little as possible consistent with the justification for the paternalistic interference.
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I take as my starting point the “one very simple principle” proclaimed by Mill in On Liberty …. “That principle is, that the sole end for which mankind are warranted, individually or collectively, in interfering with the Dworkin's view of Paternalism. Paternalism is justified only in those cases that rational, prudent beings would agree to have their freedom limited.
G Dworkin. Law and Philosophy 24 (3), 305-319, 2005.
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Dworkin On Paternalism. LIBERTY AND PATERNALISM John Stuart Mill and Gerald Dworkin have distinctly opposing views on legal paternalism in that Mill is adamantly against any form of paternalism, whereas Dworkin believes that there do exist circumstances in which paternalism is justified. Both agree that paternalism is justified when the well being
GERALD DWORKIN. MORAL PATERNALISM. Dworkin defined paternalism as “interference with a person’s lib-erty of action justified by reason referring exclusively to the wel-fare . .
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2021-3-14 · Volume 56, Issue 1, January 1972 Philosophy and Public Policy. Gerald Dworkin. Pages 64-84
University of California, Davis.