As we saw in the introduction, the debate between paternalists and antipaternalists concerns some highly controversial moral and legal issues about the legitimacy or legality (or lack thereof) of activities such as prostitution, religious flagellation, the sale and consumption of addictive drugs, euthanasia and assisted suicide, extreme sports, and, moving further into the fringes, selling one’s own body parts or even selling oneself into servitude or enslavement. But, as with any major ethical debate, there is a range of questions that need to be addressed before we can move into the debate and take a position within it: philosophical questions, as well as definitional, theoretico-empirical, and moral. Thus, for example, paternalism and antipaternalism themselves are defined in several different ways in the literature.

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What Is Legal Paternalism?

  • Giorgio Maniaci

摘要

As we saw in the introduction, the debate between paternalists and antipaternalists concerns some highly controversial moral and legal issues about the legitimacy or legality (or lack thereof) of activities such as prostitution, religious flagellation, the sale and consumption of addictive drugs, euthanasia and assisted suicide, extreme sports, and, moving further into the fringes, selling one’s own body parts or even selling oneself into servitude or enslavement. But, as with any major ethical debate, there is a range of questions that need to be addressed before we can move into the debate and take a position within it: philosophical questions, as well as definitional, theoretico-empirical, and moral. Thus, for example, paternalism and antipaternalism themselves are defined in several different ways in the literature.