Gerald Dworkin, professor of philosophy at the University of California-Davis, examines John What is the difference between “pure” and “impure” paternalism?. Outline of Dworkin on Paternalism (in James White text). Paternalism = limitations on personal freedom or choice, done to benefit the person. GERALD DWORKIN. MORAL PATERNALISM. (Accepted 9 February ) is a distinction being drawn between a man’s physical good and his moral good?.

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I, who cannot swim, pull out my gun and order you to rescue the child.

Does the paternalist or anti-paternalist have to give a reason for their action? Argue against alternative notions because they either include acts which do not seem sufficiently similar, or exclude acts which do seem similar so that their exclusions seems arbitrary.

I refuse to play tennis with you after your recovery from a heart attack because I think it is too dangerous The law requires you to save for your retirement Social Security Now all these cases could be claimed to be cases in which the descriptive condition is satisfied. The early critics attempted to distinguish interventions such as Cafeteria from interventions such as merely providing information.

Policies can be paternalistic. Normative Issues Is there a burden of proof attached to paternalism? In the case of harnessing non-rational tendencies for nudges these conditions are not satisfied. This entry examines some of the conceptual issues involved in analyzing paternalism, and then discusses the normative issues concerning the legitimacy of paternalism by the state and various civil institutions. Note that in cases where the government intervenes on other-regarding grounds it is not assumed that this must be an insult to the person being restricted.

This harnessing of the irrational for our own good is not paradoxical but it strikes some as problematic in the same way getting children to read by offering them financial incentives is problematic.


It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. For the key to her normative argument is that she believes that there is a distinct motive which can justify not enforcing unconscionable contracts having nothing to do with protecting one of the parties. Paternalism does not specify means; it specifies motives plus some characterization of the effect of an action. Skip to main content. Justifying Coercive PaternalismCambridge: At the theoretical level it raises questions of how persons should be treated when they are less than fully rational.

Or does their disagreement reflect different views about the legitimacy of the application in question? There is also the distinct issue of whether one acts not knowing about the consent of the person in question.

Kidney Sales and the Analogy with Dangerous Employment. Marion Smiley – – Journal of Value Inquiry 23 4: If you originally registered with a username please use that geralv sign in.

Paternalism (Stanford Encyclopedia of Philosophy)

Let us start with the most startling. Once the issue s has been identified then there may be constraints on the definition other than the normative ones stressed by Sheffrin.

A husband may hide the sleeping pills from a depressed wife. How to cite this entry. So, for instance, it might be argued that since we know we are subject to depression we all would agree, at least, to short-term anti-suicide interventions, to determine whether we are suffering from such a condition, and to attempt to cure it.

Two acts may have the same outcome, an improvement of B, yet only one counts as paternalistic. The first thing to note is that the entire discussion of paternalism takes place in the larger context of a discussion of the Unconscionability Doctrine in geraald law.

It might be thought, as Mill did, that pategnalism burden of proof is different depending on who is being treated paternalistically. But this begs the question against the advocate of paternalistic measures, for she will argue that the area in question cannot be within the sole authority of the agent since it is being claimed that the intervention is a legitimate one. Request removal from index. Paternalism and Corporate Responsibility. Some nudges are more transparent in the sense that it is obvious they have been deliberately introduced and their motivation is also clear.


Children, Paternalism and the Development of Autonomy. You pick them up, fit them together and now find they make a ball. A Definition of Paternalism.

This creates the illusion for the drivers that they are driving faster than they gerxld are and they slow down as a result. Theory and PracticeCambridge: If it is a child then the assumption is that, other things being equal, the burden of proof is on those who resist paternalism.

Martin Dominic – – Science and Engineering Ethics 23 4: People are loss averse, and thus more willing to forgo a raise in take-home income then paternalim are to actively re-direct the additional funds they have already received to their retirement accounts each year.

Their view is Paternalistic because it seeks to promote the good of the agent being nudged. So if a person tries to jump out of a window believing he will float gently to the ground we may restrain him.

A related question is whether the test is objective or subjective, i. If he jumps because he believes that it is important to be spontaneous we may not.


It forbids people from swimming at a public beach when lifeguards are not present. Since these instrumentalities are already denied even to prevent individuals from harming others, they will certainly be patednalism to prevent them from harming themselves. At least in these cases there is the idea that once reading they will come to appreciate the pleasures and importance of reading for its own sake.