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On Justifying Legal Paternalism
Author(s) -
VALDÉS ERNESTO GARZÓN
Publication year - 1990
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/j.1467-9337.1990.tb00079.x
Subject(s) - paternalism , coercion (linguistics) , harm , intervention (counseling) , order (exchange) , law , law and economics , political science , harm principle , sociology , psychology , philosophy , business , linguistics , finance , psychiatry
. Paternalism, understood as coercive intervention with the behavior of a person in order to prevent her from causing harm to herself, is a highly controversial issue, because it implies a departure from the widely recognized principle of harm to others. Some conceptual differences between legal paternalism and other forms of state coercion that also depart from the principle of harm to others will be indicated. This is followed by an analysis of the arguments that are usually brought forth against legal paternalism. And finally, the possibility of determining ethically justifiable types of legal paternalism is explored.