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Paternalism

The Monist (1972)

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  1. Paternalism, Respect and the Will.Daniel Groll - 2012 - Ethics 122 (4):692-720.
    In general, we think that when it comes to the good of another, we respect that person’s will by acting in accordance with what he wills because he wills it. I argue that this is not necessarily true. When it comes to the good of another person, it is possible to disrespect that person’s will while acting in accordance with what he wills because he wills it. Seeing how this is so, I argue, enables us to clarify the distinct roles (...)
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  • Public Goods and Government Action.Jonny Anomaly - 2015 - Politics, Philosophy and Economics 14 (2):109-128.
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  • The value of responsibility gaps in algorithmic decision-making.Lauritz Munch, Jakob Mainz & Jens Christian Bjerring - 2023 - Ethics and Information Technology 25 (1):1-11.
    Many seem to think that AI-induced responsibility gaps are morally bad and therefore ought to be avoided. We argue, by contrast, that there is at least a pro tanto reason to welcome responsibility gaps. The central reason is that it can be bad for people to be responsible for wrongdoing. This, we argue, gives us one reason to prefer automated decision-making over human decision-making, especially in contexts where the risks of wrongdoing are high. While we are not the first to (...)
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  • Algorithms and Autonomy: The Ethics of Automated Decision Systems.Alan Rubel, Clinton Castro & Adam Pham - 2021 - Cambridge University Press.
    Algorithms influence every facet of modern life: criminal justice, education, housing, entertainment, elections, social media, news feeds, work… the list goes on. Delegating important decisions to machines, however, gives rise to deep moral concerns about responsibility, transparency, freedom, fairness, and democracy. Algorithms and Autonomy connects these concerns to the core human value of autonomy in the contexts of algorithmic teacher evaluation, risk assessment in criminal sentencing, predictive policing, background checks, news feeds, ride-sharing platforms, social media, and election interference. Using these (...)
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  • Affirmative Action, Paternalism, and Respect.Andreas Bengtson & Viki Møller Lyngby Pedersen - forthcoming - British Journal of Political Science.
    This article investigates the hitherto under-examined relations between affirmative action, paternalism and respect. We provide three main arguments. First, we argue that affirmative action initiatives are typically paternalistic and thus disrespectful towards those intended beneficiaries who oppose the initiatives in question. Second, we argue that not introducing affirmative action can also be disrespectful towards these potential beneficiaries because such inaction involves a failure to adequately recognize their moral worth. Third, we argue that the paternalistic disrespect involved in affirmative action is (...)
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  • Tolerant paternalism: pro-ethical design as a resolution of the dilemma of toleration.Luciano Floridi - 2016 - Science and Engineering Ethics 22 (6):1669-1688.
    Toleration is one of the fundamental principles that inform the design of a democratic and liberal society. Unfortunately, its adoption seems inconsistent with the adoption of paternalistically benevolent policies, which represent a valuable mechanism to improve individuals’ well-being. In this paper, I refer to this tension as the dilemma of toleration. The dilemma is not new. It arises when an agent A would like to be tolerant and respectful towards another agent B’s choices but, at the same time, A is (...)
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  • Rethinking Research Ethics.Rosamond Rhodes - 2010 - American Journal of Bioethics 10 (10):19-36.
    Contemporary research ethics policies started with reflection on the atrocities perpetrated upon concentration camp inmates by Nazi doctors. Apparently, as a consequence of that experience, the policies that now guide human subject research focus on the protection of human subjects by making informed consent the centerpiece of regulatory attention. I take the choice of context for policy design, the initial prioritization of informed consent, and several associated conceptual missteps, to have set research ethics off in the wrong direction. The aim (...)
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  • Intervening in the brain: Changing psyche and society.Dirk Hartmann, Gerard Boer, Jörg Fegert, Thorsten Galert, Reinhard Merkel, Bart Nuttin & Steffen Rosahl - 2007 - Springer.
    In recent years, neuroscience has been a particularly prolific discipline stimulating many innovative treatment approaches in medicine. However, when it comes to the brain, new techniques of intervention do not always meet with a positive public response, in spite of promising therapeutic benefits. The reason for this caution clearly is the brain’s special importance as “organ of the mind”. As such it is widely held to be the origin of mankind’s unique position among living beings. Likewise, on the level of (...)
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  • The harm principle.Nils Holtug - 2002 - Ethical Theory and Moral Practice 5 (4):357-389.
    According to the Harm Principle, roughly, the state may coerce a person only if it can thereby prevent harm to others. Clearly, this principle depends crucially on what we understand by harm. Thus, if any sort of negative effect on a person may count as a harm, the Harm Principle will fail to sufficiently protect individual liberty. Therefore, a more subtle concept of harm is needed. I consider various possible conceptions and argue that none gives rise to a plausible version (...)
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  • Artificial Intelligence as a Means to Moral Enhancement.Michał Klincewicz - 2016 - Studies in Logic, Grammar and Rhetoric 48 (1):171-187.
    This paper critically assesses the possibility of moral enhancement with ambient intelligence technologies and artificial intelligence presented in Savulescu and Maslen (2015). The main problem with their proposal is that it is not robust enough to play a normative role in users’ behavior. A more promising approach, and the one presented in the paper, relies on an artifi-cial moral reasoning engine, which is designed to present its users with moral arguments grounded in first-order normative theories, such as Kantianism or utilitarianism, (...)
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  • Physician Aid-in-Dying and Suicide Prevention in Psychiatry: A Moral Crisis?Margaret Battin & Brent M. Kious - 2019 - American Journal of Bioethics 19 (10):29-39.
    Involuntary psychiatric commitment for suicide prevention and physician aid-in-dying (PAD) in terminal illness combine to create a moral dilemma. If PAD in terminal illness is permissible, it should also be permissible for some who suffer from nonterminal psychiatric illness: suffering provides much of the justification for PAD, and the suffering in mental illness can be as severe as in physical illness. But involuntary psychiatric commitment to prevent suicide suggests that the suffering of persons with mental illness does not justify ending (...)
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  • Distinctively Political Normativity in Political Realism: Unattractive or Redundant.Eva Erman & Niklas Möller - 2021 - Ethical Theory and Moral Practice 25 (3):433-447.
    Political realists’ rejection of the so-called ‘ethics first’ approach of political moralists, has raised concerns about their own source of normativity. Some realists have responded to such concerns by theorizing a distinctively political normativity. According to this view, politics is seen as an autonomous, independent domain with its own evaluative standards. Therefore, it is in this source, rather than in some moral values ‘outside’ of this domain, that normative justification should be sought when theorizing justice, democracy, political legitimacy, and the (...)
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  • From Libertarian Paternalism to Nudging—and Beyond.Adrien Barton & Till Grüne-Yanoff - 2015 - Review of Philosophy and Psychology 6 (3):341-359.
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  • Rethinking research ethics.Rosamond Rhodes - 2005 - American Journal of Bioethics 5 (1):7 – 28.
    Contemporary research ethics policies started with reflection on the atrocities perpetrated upoconcentration camp inmates by Nazi doctors. Apparently, as a consequence of that experience, the policies that now guide human subject research focus on the protection of human subjects by making informed consent the centerpiece of regulatory attention. I take the choice of context for policy design, the initial prioritization of informed consent, and several associated conceptual missteps, to have set research ethics off in the wrong direction. The aim of (...)
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  • Digital Wellness and Persuasive Technologies.Laura Specker Sullivan & Peter Reiner - 2019 - Philosophy and Technology 34 (3):413-424.
    The development of personal technologies has recently shifted from devices that seek to capture user attention to those that aim to improve user well-being. Digital wellness technologies use the same attractive qualities of other persuasive apps to motivate users towards behaviors that are personally and socially valuable, such as exercise, wealth-management, and meaningful communication. While these aims are certainly an improvement over the market-driven motivations of earlier technologies, they retain their predecessors’ focus on influencing user behavior as a primary metric (...)
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  • Public Health and Public Goods.Jonny Anomaly - 2011 - Public Health Ethics 4 (3):251-259.
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  • Relational Autonomy and the Social Dynamics of Paternalism.John Christman - 2014 - Ethical Theory and Moral Practice 17 (3):369-382.
    In this paper I look at various ways that interpersonal and social relations can be seen as required for autonomy. I then consider cases where those dynamics might play out or not in potentially paternalistic situations. In particular, I consider cases of especially vulnerable persons who are attempting to reconstruct a sense of practical identity required for their autonomy and need the potential paternalist’s aid in doing so. I then draw out the implications for standard liberal principles of paternalism, specifically (...)
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  • Children, Paternalism and the Development of Autonomy.Amy Mullin - 2014 - Ethical Theory and Moral Practice 17 (3):413-426.
    This paper addresses the issue of paternalism in child-rearing. Since the parent–child relationship seems to be the linguistic source of the concept, one may be tempted to assume that raising a child represents a particularly appropriate sphere for paternalism. The parent–child relationship is generally understood as a relationship that is supposed to promote the development and autonomy-formation of the child, so that the apparent source of the concept is a form of autonomy-oriented paternalism. Far from taking paternalism to be overtly (...)
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  • Seat Belt Mandates and Paternalism.Jessica Flanigan - 2017 - Journal of Moral Philosophy 14 (3):291-314.
    Seat belt mandates seem like a paradigmatic case of justified paternalism. Even those who generally object to paternalism often concede that seat belt laws are justified. Against this near-consensus in favor of mandates, I argue that seat belt laws are unjust and public officials should not enforce them. The most plausible exceptions to a principle of anti-paternalism do not justify seat belt mandates. Some argue that seat belt mandates are not paternalistic because unbelted riders are not fully autonomous. Others claim (...)
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  • Respectful Paternalism.Viki Møller Lyngby Pedersen - 2021 - Law and Philosophy 40 (4):419-442.
    A common objection to paternalism concerns its expressive content. Many reject paternalistic policies and actions on the ground that they arguably involve insulting expressions of disrespect toward those subjected to them. The paper challenges this view. It argues that refraining from acting paternalistically can be disrespectful. Specifically, the paper argues that there is a relevant way in which A disregards the moral worth of B if A stands idly by when B is about to act very imprudently. If true, treating (...)
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  • Why a Virtual Assistant for Moral Enhancement When We Could have a Socrates?Francisco Lara - 2021 - Science and Engineering Ethics 27 (4):1-27.
    Can Artificial Intelligence be more effective than human instruction for the moral enhancement of people? The author argues that it only would be if the use of this technology were aimed at increasing the individual's capacity to reflectively decide for themselves, rather than at directly influencing behaviour. To support this, it is shown how a disregard for personal autonomy, in particular, invalidates the main proposals for applying new technologies, both biomedical and AI-based, to moral enhancement. As an alternative to these (...)
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  • Coercive Paternalism in Health Care: Against Freedom of Choice.Sarah Conly - 2013 - Public Health Ethics 6 (3):pht025.
    I argue that it can be morally permissible to coerce people into doing what is good for their own health. I discuss recent initiatives in New York City that are designed to take away certain unhealthy options from local citizens, and argue that this does not impose on them in unjustifiable ways. Good paternalistic measures are designed to promote people's long-term goals, and to prevent them from making short-term decisions that interfere with reaching those, and New York's attempts to ban (...)
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  • Robotic Nudges: The Ethics of Engineering a More Socially Just Human Being.Jason Borenstein & Ron Arkin - 2016 - Science and Engineering Ethics 22 (1):31-46.
    Robots are becoming an increasingly pervasive feature of our personal lives. As a result, there is growing importance placed on examining what constitutes appropriate behavior when they interact with human beings. In this paper, we discuss whether companion robots should be permitted to “nudge” their human users in the direction of being “more ethical”. More specifically, we use Rawlsian principles of justice to illustrate how robots might nurture “socially just” tendencies in their human counterparts. Designing technological artifacts in such a (...)
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  • Paternalism.Jessica Begon - 2016 - Analysis 76 (3):355-373.
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  • Agency and authenticity: Which value grounds patient choice?Daniel Brudney & John Lantos - 2011 - Theoretical Medicine and Bioethics 32 (4):217-227.
    In current American medical practice, autonomy is assumed to be more valuable than human life: if a patient autonomously refuses lifesaving treatment, the doctors are supposed to let him die. In this paper we discuss two values that might be at stake in such clinical contexts. Usually, we hear only of autonomy and best interests. However, here, autonomy is ambiguous between two concepts—concepts that are tied to different values and to different philosophical traditions. In some cases, the two values (that (...)
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  • The normative core of paternalism.Kalle Grill - 2007 - Res Publica 13 (4):441-458.
    The philosophical debate on paternalism is conducted as if the property of being paternalistic should be attributed to actions. Actions are typically deemed to be paternalistic if they amount to some kind of interference with a person and if the rationale for the action is the good of the person interfered with. This focus on actions obscures the normative issues involved. In particular, it makes it hard to provide an analysis of the traditional liberal resistance to paternalism. Given the fact (...)
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  • (3 other versions)Paternalism, Drugs, and the Nature of Sports.W. M. Brown - 1984 - Journal of the Philosophy of Sport 11 (1):14-22.
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  • Paternalism towards children.Kalle Grill - 2018 - In Anca Gheaus, Gideon Calder & Jurgen de Wispelaere (eds.), The Routledge Handbook of the Philosophy of Childhood and Children. New York: Routledge. pp. 123-133.
    Debates on the nature and justifiability of paternalism typically focus only on adults, sometimes presuming without argument that paternalism towards children is a non-issue or obviously justified. Debates on the moral and political status of children, in turn, rarely connect with the rich literature on paternalism. This chapter attempts to bridge this gap by exploring how issues that arise in the general debate on paternalism are relevant also for the benevolent interference with children. I survey and discuss various views and (...)
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  • Do we need a threshold conception of competence?Govert den Hartogh - 2016 - Medicine, Health Care and Philosophy 19 (1):71-83.
    On the standard view we assess a person’s competence by considering her relevant abilities without reference to the actual decision she is about to make. If she is deemed to satisfy certain threshold conditions of competence, it is still an open question whether her decision could ever be overruled on account of its harmful consequences for her (‘hard paternalism’). In practice, however, one normally uses a variable, risk dependent conception of competence, which really means that in considering whether or not (...)
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  • Public Health and Normative Public Goods.Richard H. Dees - 2018 - Public Health Ethics 11 (1):20-26.
    Public health is concerned with increasing the health of the community at whole. Insofar as health is a ‘good’ and the community constitutes a ‘public’, public health by definition promotes a ‘public good’. But ‘public good’ has a particular and much more narrow meaning in the economics literature, and some commentators have tried to limit the scope of public health to this more narrow meaning of a ‘public good’. While such a move makes the content of public health less controversial, (...)
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  • The principle of beneficence in applied ethics.Tom Beauchamp - 2008 - Stanford Encyclopedia of Philosophy.
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  • "Transforming Others: On the Limits of "You "ll Be Glad I Did It" Reasoning.Dana Sarah Howard - 2015 - Res Philosophica 92 (2):341-370.
    We often find ourselves in situations where it is up to us to make decisions on behalf of others. How can we determine whether such decisions are morally justified, especially if those decisions may change who it is these others end up becoming? In this paper, I will evaluate one plausible kind of justification that may tempt us: we may want to justify our decision by appealing to the likelihood that the other person will be glad we made that specific (...)
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  • Relational autonomy and paternalistic interventions.Jules Holroyd - 2009 - Res Publica 15 (4):321-336.
    Relational conceptions of autonomy attempt to take into account the social aspects of autonomous agency. Those views that incorporate not merely causally, but constitutively necessary relational conditions, incorporate a condition that has the form: A necessary condition for autonomous agency is that the agent stands in social relations S. I argue that any account that incorporates such a condition cannot play one of autonomy’s key normative roles: identifying those agents who ought to be protected from paternalistic intervention. I argue, against (...)
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  • (1 other version)Paternalism by and towards groups.Kalle Grill - 2018 - In Kalle Grill & Jason Hanna (eds.), The Routledge Handbook of the Philosophy of Paternalism. New York: Routledge. pp. 46-58.
    In many or most instances of paternalism, more than one person acts paternalistically, or more than one person is treated paternalistically. This chapter discusses some complications that arise in such group cases, which are largely ignored in the conceptual debate. First, a group of people who together perform an action may do so for different reasons, which makes it more challenging to determine whether the action is paternalistic. This gives us some reason not to pin the property of being paternalistic (...)
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  • What’s Epistemic About Epistemic Paternalism?Elizabeth Jackson - 2021 - In Jonathan Matheson & Kirk Lougheed (eds.), Epistemic Autonomy. New York, NY: Routledge. pp. 132–150.
    The aim of this paper is to (i) examine the concept of epistemic paternalism and (ii) explore the consequences of normative questions one might ask about it. I begin by critically examining several definitions of epistemic paternalism that have been proposed, and suggesting ways they might be improved. I then contrast epistemic and general paternalism and argue that it’s difficult to see what makes epistemic paternalism an epistemic phenomenon at all. Next, I turn to the various normative questions one might (...)
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  • Kidney Sales and the Analogy with Dangerous Employment.Erik Malmqvist - 2015 - Health Care Analysis 23 (2):107-121.
    Proponents of permitting living kidney sales often argue as follows. Many jobs involve significant risks; people are and should be free to take these risks in exchange for money; the risks involved in giving up a kidney are no greater than the risks involved in acceptable hazardous jobs; so people should be free to give up a kidney for money, too. This paper examines this frequently invoked but rarely analysed analogy. Two objections are raised. First, it is far from clear (...)
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  • Should Manual Driving be (Eventually) Outlawed?Julian F. Müller & Jan Gogoll - 2020 - Science and Engineering Ethics 26 (3):1549-1567.
    In recent years, tech evangelists have made headlines predicting that in the future manual driving will be outlawed. This essay will investigate the question whether a ban of human driven cars can be defended on moral grounds in a future scenario in which autonomous cars are going to be significantly safer than manually driven cars. This article will argue that in such a future scenario manually driven cars, for moral reasons, indeed should be banned from participating in regular traffic. Since (...)
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  • Fickle consent.Tom Dougherty - 2014 - Philosophical Studies 167 (1):25-40.
    Why is consent revocable? In other words, why must we respect someone's present dissent at the expense of her past consent? This essay argues against act-based explanations and in favor of a rule-based explanation. A rule prioritizing present consent will serve our interests the best, in light of our interests in having flexibility over our consent and in minimizing the possibility of error in people's judgments about whether we consent.
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  • The Steward of the Millian State.Angus Dawson & Marcel Verweij - 2008 - Public Health Ethics 1 (3):193-195.
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  • Doing Away with the Agential Bias: Agency and Patiency in Health Monitoring Applications.Nils-Frederic Wagner - 2019 - Philosophy and Technology 32 (1):135-154.
    Mobile health devices pose novel questions at the intersection of philosophy and technology. Many such applications not only collect sensitive data, but also aim at persuading users to change their lifestyle for the better. A major concern is that persuasion is paternalistic as it intentionally aims at changing the agent’s actions, chipping away at their autonomy. This worry roots in the philosophical conviction that perhaps the most salient feature of living autonomous lives is displayed via agency as opposed to patiency—our (...)
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  • The ethics of deep brain stimulation.Marcus Unterrainer & Fuat S. Oduncu - 2015 - Medicine, Health Care and Philosophy 18 (4):475-485.
    Deep brain stimulation is an invasive technique designed to stimulate certain deep brain regions for therapeutic purposes and is currently used mainly in patients with neurodegenerative disorders, such as Parkinson’s disease. However, DBS is also used increasingly for other experimental applications, such as the treatment of psychiatric disorders, weight reduction. Apart from its therapeutic potential, DBS can cause severe adverse effects, some that might also have a significant impact on the patient’s personality and autonomy by the external stimulation of DBS (...)
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  • Limits on risks for healthy volunteers in biomedical research.David B. Resnik - 2012 - Theoretical Medicine and Bioethics 33 (2):137-149.
    Healthy volunteers in biomedical research often face significant risks in studies that offer them no medical benefits. The U.S. federal research regulations and laws adopted by other countries place no limits on the risks that these participants face. In this essay, I argue that there should be some limits on the risks for biomedical research involving healthy volunteers. Limits on risk are necessary to protect human participants, institutions, and the scientific community from harm. With the exception of self-experimentation, limits on (...)
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  • Against the Public Goods Conception of Public Health.Justin Bernstein & Pierce Randall - 2020 - Public Health Ethics 13 (3):225-233.
    Public health ethicists face two difficult questions. First, what makes something a matter of public health? While protecting citizens from outbreaks of communicable diseases is clearly a matter of public health, is the same true of policies that aim to reduce obesity, gun violence or political corruption? Second, what should the scope of the government’s authority be in promoting public health? May government enact public health policies some citizens reasonably object to or policies that are paternalistic? Recently, some theorists have (...)
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  • Sex, Love, and Paternalism.David Birks - 2021 - Ethical Theory and Moral Practice 24 (1):257-270.
    Paternalistic behaviour directed towards a person’s informed and competent decisions is often thought to be morally impermissible. This view is supported by what we can call the Anti-Paternalism Principle. While APP might seem plausible when employed to show the wrongness of paternalism by the state, there are some cases of paternalistic behaviour between private, informed, and competent individuals where APP seems mistaken. This raises a difficulty for supporters of APP. Either they need to reject APP to accommodate our intuitions in (...)
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  • An unresolved problem: freedom across lifetimes.Andreas T. Schmidt - 2017 - Philosophical Studies 174 (6):1413-1438.
    Freedom is one of the central values in political and moral philosophy. A number of theorists hold that freedom should either be the only or at least one of the central distribuenda in our theories of distributive justice. Moreover, many follow Mill and hold that a concern for personal freedom should guide, and limit, how paternalist public policy can be. For the most part, theorists have focussed on a person’s freedom at one specific point in time but have failed to (...)
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  • Sen is not a capability theorist.Antoinette Baujard & Muriel Gilardone - 2017 - Journal of Economic Methodology 24 (1):1-19.
    This paper aims to clarify the status of capability in Sen’s idea of justice. Sen’s name is so widely associated with the concept of capability that commentators often assume that his contribution to the study of justice amounts to a capability theory, albeit underdeveloped. We argue that such a reading is misleading. Taking Sen’s reticence about operationalization seriously, we show that his contribution is inconsistent with a capability theory. Instead, we defend the idea that the capability approach plays a heuristic (...)
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  • Evidence-Based Practice and Psychological Treatments: The Imperatives of Informed Consent.Charlotte R. Blease, Scott O. Lilienfeld & John M. Kelley - 2016 - Frontiers in Psychology 7.
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  • The Freedom of Extremists: Pluralist and Non-Pluralist Responses to Moral Conflict.Allyn Fives - 2019 - Philosophia 47 (3):663-680.
    This paper distinguishes two ways in which to think about the freedom of extremists. Non-pluralists claim to have identified the general rule for resolving moral conflicts, and conceptualize freedom as liberty of action in accordance with that rule. It follows, if extremist violence breaks the rule in question, removing this option does not infringe the freedom of extremists. In contrast, for pluralists there is no one general rule to resolve moral conflicts, and freedom is simply the absence of interference. I (...)
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  • Mandatory Disclosure and Medical Paternalism.Emma C. Bullock - 2016 - Ethical Theory and Moral Practice 19 (2):409-424.
    Medical practitioners are duty-bound to tell their patients the truth about their medical conditions, along with the risks and benefits of proposed treatments. Some patients, however, would rather not receive medical information. A recent response to this tension has been to argue that that the disclosure of medical information is not optional. As such, patients do not have permission to refuse medical information. In this paper I argue that, depending on the context, the disclosure of medical information can undermine the (...)
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  • Governing [through] Autonomy. The Moral and Legal Limits of “Soft Paternalism”.Bijan Fateh-Moghadam & Thomas Gutmann - 2014 - Ethical Theory and Moral Practice 17 (3):383-397.
    Legal restrictions of the right to self-determination increasingly pretend to be compatible with the liberal concept of autonomy: they act upon a ‘soft’ or autonomy-orientated paternalistic rationale. Conventional liberal critique of paternalism turns out to be insensitive to the intricate normative problems following from ‘soft’ or ‘libertarian’ paternalism. In fact, these autonomy-oriented forms of paternalism could actually be even more problematic and may infringe liberty rights even more intensely than hard paternalistic regulation. This paper contributes to the systematic differentiation of (...)
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