Paternalism
- LAST REVIEWED: 26 October 2015
- LAST MODIFIED: 26 October 2015
- DOI: 10.1093/obo/9780195396577-0288
- LAST REVIEWED: 26 October 2015
- LAST MODIFIED: 26 October 2015
- DOI: 10.1093/obo/9780195396577-0288
Introduction
The government requires people to contribute to a pension system (Social Security). It requires motorcyclists to wear helmets. It forbids people from swimming at a public beach when lifeguards are not present. It forbids the sale of various drugs deemed to be ineffective. It forbids the sale of various drugs believed to be harmful. It does not allow consent to certain forms of assault to be a defense against prosecution for that assault. It requires hunters to wear colored jackets and divers to be certified. The civil law does not allow the enforcement of certain kinds of contracts (e.g., enforcing gambling debts). It requires minors to have blood transfusions even if their religious beliefs forbid it. Persons may be civilly committed if they are a danger to themselves. Doctors do not always tell their patients the truth about their medical condition. A physician may deceive a patient by prescribing a placebo. A physician may tell a husband that his wife died peacefully when in fact she died in agony. A husband may hide the sleeping pills from a depressed wife. A philosophy department may require a student to take logic courses. A wife may lie to her husband about where they are going in order conceal a surprise birthday party. The President may lie about the deal he made with the Russians during the Cuban missile crisis. All of these rules, policies, and actions may be done for various reasons, may be justified by various considerations. When they are justified solely on the grounds that the person affected would be better off, or would be less harmed—as a result of the rule, policy, etc.—and when the rule or policy limits your freedom or autonomy, we have an instance of paternalism. As the examples indicate, the question of paternalism is one that arises in many different areas of our personal and public life. As such, it is an important realm of applied ethics. But it also raises certain theoretical issues. Perhaps the most important is: what powers it is legitimate for a state, operating both coercively and in terms of incentives, to possess? It also raises questions about the proper ways in which individuals, either in an institutional or purely personal setting, should relate to one another. How should we think about individual autonomy and its limits? What is it to respect the personhood of others? What is the trade-off, if any, between regard for the welfare of another and respect for their right to make their own decisions?
General Overviews
A number of books have appeared which seek to cover many of the topics that are concerned with the definition and Justification of paternalism. The initial literature appeared in the 1980s. Feinberg 1986 is essential for its thorough coverage of the issues as they arise in criminal law, while Feinberg 1971 is an early article outlining his views. Kleinig 1983 and VanDeVeer 1986, while somewhat dated, also provide good general overviews. Conly 2014 is a recent defense of paternalism. Sartorius 1983 is an anthology of articles as is Coons and Weber 2013. LeGrand and New 2015 is the newest book directed to various areas of social policy.
Conly, Sarah. Against Autonomy: Justifying Coercive Paternalism. Cambridge, UK: Cambridge University Press, 2014.
The most recent of the general books in this section. It is a defense of paternalism against its critics, covering some topics, such as Food Policy, which were not at issue in the 1980s.
Coons, Christian, and Michael Weber, eds. Paternalism: Theory and Practice. Cambridge, UK: Cambridge University Press, 2013.
Contains many articles of interest from contemporary authors including topics such as volunteer slavery and libertarian paternalism.
Feinberg, Joel. “Legal Paternalism.” Canadian Journal of Philosophy 1.1 (1971): 105–124.
An introduction to the book-length treatment of this subject.
Feinberg, Joel. Harm to Self. Vol. 3 of The Moral Limits of the Criminal Law. Oxford: Oxford University Press, 1986.
Part of a four-volume set on the moral limits of criminal law, this is the most thorough and influential treatment of the harm principle and its limits. Essential reading.
Kleinig, John. Paternalism. Totawa, NJ: Rowman and Allanheld, 1983.
A thorough general treatment of the liberal antipathy to paternalism while allowing for a limited role for legitimate paternalism.
LeGrand, Julian, and Bill New. Government Paternalism: Nanny State or Helpful Friend? Princeton, NJ: Princeton University Press, 2015.
A very comprehensive examination of many different areas of social policy with respect to the paternalistic issues.
Sartorius, Rolf Paternalism. Minneapolis: University of Minnesota Press, 1983.
Somewhat dated but still contains interesting material.
VanDeVeer, Donald. Paternalistic Intervention: The Moral Bounds on Benevolence. Princeton, NJ: Princeton University Press, 1986.
Very thorough overview of many relevant topics including consent, euthanasia, and the limits of permissible risk taking.
Users without a subscription are not able to see the full content on this page. Please subscribe or login.
How to Subscribe
Oxford Bibliographies Online is available by subscription and perpetual access to institutions. For more information or to contact an Oxford Sales Representative click here.
Article
- A Priori Knowledge
- Abduction and Explanatory Reasoning
- Ability
- Abortion
- Abstract Objects
- Action
- Addams, Jane
- Adorno, Theodor
- Aesthetic Hedonism
- Aesthetics, Analytic Approaches to
- Aesthetics, Continental
- Aesthetics, Environmental
- Aesthetics, History of
- African Philosophy, Contemporary
- Alexander, Samuel
- Analytic/Synthetic Distinction
- Anarchism, Philosophical
- Animal Rights
- Anscombe, G. E. M.
- Anthropic Principle, The
- Anti-Natalism
- Applied Ethics
- Aquinas, Thomas
- Argument Mapping
- Art and Emotion
- Art and Knowledge
- Art and Morality
- Artifacts
- Assertion
- Astell, Mary
- Atheism
- Augustine
- Aurelius, Marcus
- Austin, J. L.
- Autonomy
- Bacon, Francis
- Bayesianism
- Beauty
- Belief
- Bergson, Henri
- Berkeley, George
- Biology, Philosophy of
- Bolzano, Bernard
- Boredom, Philosophy of
- British Idealism
- Buber, Martin
- Buddhist Philosophy
- Burge, Tyler
- Business Ethics
- Camus, Albert
- Canterbury, Anselm of
- Carnap, Rudolf
- Causation
- Cavendish, Margaret
- Certainty
- Chemistry, Philosophy of
- Childhood, Philosophy of
- Chinese Philosophy
- Cognitive Ability
- Cognitive Phenomenology
- Cognitive Science, Philosophy of
- Coherentism
- Color
- Communitarianism
- Computational Science
- Computer Science, Philosophy of
- Computer Simulations
- Comte, Auguste
- Concepts
- Conceptual Role Semantics
- Conditionals
- Confirmation
- Confucius
- Connectionism
- Consciousness
- Constructive Empiricism
- Contemporary Hylomorphism
- Contextualism
- Contrastivism
- Cook Wilson, John
- Cosmology, Philosophy of
- Critical Theory
- Culture and Cognition
- Daoism and Philosophy
- Davidson, Donald
- de Beauvoir, Simone
- de Montaigne, Michel
- Death
- Decision Theory
- Deleuze, Gilles
- Democracy
- Depiction
- Derrida, Jacques
- Descartes, René
- Descartes, René: Sensory Representations
- Descriptions
- Dewey, John
- Dialetheism
- Disability
- Disagreement, Epistemology of
- Disjunctivism
- Dispositions
- Divine Command Theory
- Doing and Allowing
- du Châtelet, Emilie
- Dummett, Michael
- Dutch Book Arguments
- Early Modern Philosophy, 1600-1750
- Eastern Orthodox Philosophical Thought
- Education, Philosophy of
- Emotion
- Engineering, Philosophy and Ethics of
- Environmental Philosophy
- Epicurus
- Epistemic Basing Relation
- Epistemic Defeat
- Epistemic Injustice
- Epistemic Justification
- Epistemic Philosophy of Logic
- Epistemology
- Epistemology and Active Externalism
- Epistemology, Bayesian
- Epistemology, Feminist
- Epistemology, Internalism and Externalism in
- Epistemology, Moral
- Epistemology of Education
- Ethical Consequentialism
- Ethical Deontology
- Ethical Intuitionism
- Eugenics and Philosophy
- Events, The Philosophy of
- Evidence
- Evidence-Based Medicine, Philosophy of
- Evidential Support Relation In Epistemology, The
- Evil
- Evolutionary Debunking Arguments in Ethics
- Evolutionary Epistemology
- Experimental Philosophy
- Explanations of Religion
- Extended Mind Thesis, The
- Externalism and Internalism in the Philosophy of Mind
- Faith, Conceptions of
- Fatalism
- Feminist Aesthetics and Feminist Philosophy of Art
- Feminist Philosophy
- Feyerabend, Paul
- Fichte, Johann Gottlieb
- Fiction
- Fictionalism
- Fictionalism in the Philosophy of Mathematics
- Film, Philosophy of
- Foot, Philippa
- Foreknowledge
- Forgiveness
- Formal Epistemology
- Foucault, Michel
- Free Will
- Frege, Gottlob
- Gadamer, Hans-Georg
- Generics
- Geometry, Epistemology of
- God and Possible Worlds
- God, Arguments for the Existence of
- God, The Existence and Attributes of
- Grice, Paul
- Habermas, Jürgen
- Hart, H. L. A.
- Heaven and Hell
- Hegel, Georg Wilhelm Friedrich: Aesthetics
- Hegel, Georg Wilhelm Friedrich: Metaphysics
- Hegel, Georg Wilhelm Friedrich: Philosophy of History
- Hegel, Georg Wilhelm Friedrich: Philosophy of Politics
- Heidegger, Martin: Early Works
- Hermeneutics
- Higher Education, Philosophy of
- History, Philosophy of
- Hobbes, Thomas
- Horkheimer, Max
- Human Rights
- Hume, David: Aesthetics
- Hume, David: Moral and Political Philosophy
- Husserl, Edmund
- Idealizations in Science
- Identity in Physics
- Images
- Imagination
- Imagination and Belief
- Immanuel Kant: Political and Legal Philosophy
- Impossible Worlds
- Incommensurability in Science
- Indian Philosophy
- Indispensability of Mathematics
- Inductive Reasoning
- Infinitism
- Instruments in Science
- Intellectual Humility
- Intentionality, Collective
- Intuitions
- James, William
- Japanese Philosophy
- Kant and the Laws of Nature
- Kant, Immanuel: Aesthetics and Teleology
- Kant, Immanuel: Ethics
- Kant, Immanuel: Theoretical Philosophy
- Kierkegaard, Søren
- Knowledge
- Knowledge-first Epistemology
- Knowledge-How
- Kristeva, Julia
- Kuhn, Thomas S.
- Lacan, Jacques
- Lakatos, Imre
- Langer, Susanne
- Language of Thought
- Language, Philosophy of
- Latin American Philosophy
- Laws of Nature
- Legal Epistemology
- Legal Philosophy
- Legal Positivism
- Leibniz, Gottfried Wilhelm
- Levinas, Emmanuel
- Lewis, C. I.
- Liberty
- Literature, Philosophy of
- Locke, John
- Locke, John: Identity, Persons, and Personal Identity
- Logic
- Lottery and Preface Paradoxes, The
- Lucretius
- Machiavelli, Niccolò
- Martin Heidegger: Later Works
- Martin Heidegger: Middle Works
- Marx, Karl
- Material Constitution
- Mathematical Explanation
- Mathematical Pluralism
- Mathematical Structuralism
- Mathematics, Ontology of
- Mathematics, Philosophy of
- Mathematics, Visual Thinking in
- McDowell, John
- McTaggart, John
- Meaning of Life, The
- Mechanisms in Science
- Medically Assisted Dying
- Medicine, Contemporary Philosophy of
- Medieval Logic
- Medieval Philosophy
- Memory
- Mental Causation
- Mereology
- Merleau-Ponty, Maurice
- Meta-epistemological Skepticism
- Metaepistemology
- Metaethics
- Metametaphysics
- Metaphilosophy
- Metaphor
- Metaphysical Grounding
- Metaphysics, Contemporary
- Metaphysics, Feminist
- Midgley, Mary
- Mill, John Stuart
- Mind, Metaphysics of
- Modal Epistemology
- Modality
- Models and Theories in Science
- Modularity
- Montesquieu
- Moore, G. E.
- Moral Contractualism
- Moral Naturalism and Nonnaturalism
- Moral Responsibility
- Multiculturalism
- Murdoch, Iris
- Music, Analytic Philosophy of
- Nationalism
- Natural Kinds
- Naturalism in the Philosophy of Mathematics
- Naïve Realism
- Neo-Confucianism
- Neuroscience, Philosophy of
- Nietzsche, Friedrich
- Nonexistent Objects
- Normative Ethics
- Normative Foundations, Philosophy of Law:
- Normativity and Social Explanation
- Objectivity
- Occasionalism
- Olfaction
- Ontological Dependence
- Ontology of Art
- Ordinary Objects
- Other Minds
- Pacifism
- Pain
- Panpsychism
- Paradoxes
- Particularism in Ethics
- Pascal, Blaise
- Paternalism
- Patriotism
- Peirce, Charles Sanders
- Perception, Cognition, Action
- Perception, The Problem of
- Perfectionism
- Persistence
- Personal Identity
- Phenomenal Concepts
- Phenomenal Conservatism
- Phenomenology
- Philosophy for Children
- Photography, Analytic Philosophy of
- Physicalism
- Physicalism and Metaphysical Naturalism
- Physics, Experiments in
- Plato
- Plotinus
- Political Epistemology
- Political Obligation
- Political Philosophy
- Popper, Karl
- Pornography and Objectification, Analytic Approaches to
- Practical Knowledge
- Practical Moral Skepticism
- Practical Reason
- Pragmatics
- Pragmatism
- Probabilistic Representations of Belief
- Probability, Interpretations of
- Problem of Divine Hiddenness, The
- Problem of Evil, The
- Propositions
- Psychology, Philosophy of
- Punishment
- Pyrrhonism
- Qualia
- Quietism
- Quine, W. V. O.
- Race
- Racist Jokes
- Rationalism
- Rationality
- Rawls, John: Moral and Political Philosophy
- Realism and Anti-Realism
- Realism, Pictorial
- Realization
- Reasons in Epistemology
- Reductionism in Biology
- Reference, Theory of
- Reid, Thomas
- Relativism
- Reliabilism
- Religion, Philosophy of
- Religious Belief, Epistemology of
- Religious Experience
- Religious Pluralism
- Ricoeur, Paul
- Rights
- Risk, Philosophy of
- Rorty, Richard
- Rousseau, Jean-Jacques
- Rule-Following
- Russell, Bertrand
- Ryle, Gilbert
- Sartre, Jean-Paul
- Schopenhauer, Arthur
- Science and Religion
- Science, Theoretical Virtues in
- Scientific Explanation
- Scientific Progress
- Scientific Realism
- Scientific Representation
- Scientific Revolutions
- Scotus, Duns
- Self-Knowledge
- Sellars, Wilfrid
- Semantic Externalism
- Semantic Minimalism
- Semiotics
- Seneca
- Senses, The
- Sensitivity Principle in Epistemology
- Shepherd, Mary
- Singular Thought
- Situated Cognition
- Situationism and Virtue Theory
- Skepticism, Contemporary
- Skepticism, History of
- Slurs, Pejoratives, and Hate Speech
- Smith, Adam: Moral and Political Philosophy
- Social Aspects of Scientific Knowledge
- Social Epistemology
- Social Identity
- Sounds and Auditory Perception
- Space and Time
- Speech Acts
- Spinoza, Baruch
- Stebbing, Susan
- Strawson, P. F.
- Structural Realism
- Suicide
- Supererogation
- Supervenience
- Tarski, Alfred
- Technology, Philosophy of
- Testimony, Epistemology of
- Theoretical Terms in Science
- Thomas Aquinas' Philosophy of Religion
- Thought Experiments
- Time and Tense
- Time Travel
- Toleration
- Torture
- Transcendental Arguments
- Tropes
- Trust
- Truth
- Truth and the Aim of Belief
- Truthmaking
- Turing Test
- Two-Dimensional Semantics
- Understanding
- Uniqueness and Permissiveness in Epistemology
- Utilitarianism
- Vagueness
- Value of Knowledge
- Vienna Circle
- Virtue Epistemology
- Virtue Ethics
- Virtues, Epistemic
- Virtues, Intellectual
- Voluntarism, Doxastic
- War
- Weakness of Will
- Weil, Simone
- Well-Being
- William of Ockham
- Williams, Bernard
- Wisdom
- Wittgenstein, Ludwig: Early Works
- Wittgenstein, Ludwig: Later Works
- Wittgenstein, Ludwig: Middle Works
- Wollstonecraft, Mary