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RESEARCH PRODUCT

On Justifying Legal Paternalism

Ernesto Garzón Valdés

subject

HarmState (polity)Intervention (counseling)Political sciencemedia_common.quotation_subjectLawCoercionLawhealth care economics and organizationshumanitiesPaternalismmedia_common

description

. 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.

https://doi.org/10.1111/j.1467-9337.1990.tb00079.x