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Paternalism, Respect and the Will

Ethics 122 (4):692-720 (2012)

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  1. Taking Risks on Behalf of Another.Johanna Thoma - forthcoming - Philosophy Compass:e12898.
    A growing number of decision theorists have, in recent years, defended the view that rationality is permissive under risk: Different rational agents may be more or less risk-averse or risk-inclined. This can result in them making different choices under risk even if they value outcomes in exactly the same way. One pressing question that arises once we grant such permissiveness is what attitude to risk we should implement when choosing on behalf of other people. Are we permitted to implement any (...)
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  • Digital Wellness and Persuasive Technologies.Laura Specker Sullivan & Peter Reiner - 2021 - 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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  • Bennett, intention and the DDE – The sophisticated bomber as pseudo-problem.Uwe Steinhoff - 2018 - Analysis 78 (1):73-80.
    Arguing against the doctrine of double effect, Bennett claims that the terror bomber only intends to make his victims appear dead. An obvious reply is that he intends to make them appear dead by killing them. I argue that the alleged refutations of this reply rest on a mistaken test question to determine what an agent intends, as Bennett's own test question confirms, and that Bennett is misled by confusing metaphorical death and literal death. Moreover, Bennett's argument is half-hearted anyway, (...)
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  • Medical maternalism: beyond paternalism and antipaternalism.Laura Specker Sullivan - 2016 - Journal of Medical Ethics 42 (7):439-444.
    This paper argues that the concept of paternalism is currently overextended to include a variety of actions that, while resembling paternalistic actions, are importantly different. I use the example of Japanese physicians’ non-disclosures of cancer diagnoses directly to patients, arguing that the concept of maternalism better captures these actions. To act paternalistically is to substitute one's own judgement for that of another person and decide in place of that person for his/her best interest. By contrast, to act maternalistically is to (...)
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  • More than consent for ethical open-label placebo research.Laura Specker Sullivan - 2021 - Journal of Medical Ethics 47 (12):e7-e7.
    Recent studies have explored the effectiveness of open-label placebos for a variety of conditions, including chronic pain, cancer-related fatigue and irritable bowel syndrome. OLPs are thought to sidestep traditional ethical worries about placebos because they do not involve deception: with an OLP, patients or subjects are told outright that they are not given an active substance. As deception is framed as the primary hurdle to ethical placebo use, the door is ostensibly opened to ethical studies of OLPs. In this article, (...)
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  • Libertarian paternalism is hard paternalism.Shane Ryan - 2018 - Analysis 78 (1):65-73.
    I argue that libertarian paternalism is in fact paternalism, or hard paternalism, rather than a form of soft paternalism. I do so on the basis of an analysis of the paternalist act according to which the paternalist act needn’t violate the will of the agent who is the target of that act and the paternalist actor need only suspect that her action may improve the welfare of that target. The paper considers and rejects interpretations of libertarian paternalism as soft paternalism. (...)
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  • Paternalism: An Analysis.Shane Ryan - 2016 - Utilitas 28 (2):123-135.
    In this article I argue for a particular analysis of paternalism. I start by examining Dworkin's conditions for the paternalist act and make a case for alternative conditions. I argue that the paternalist actor acts irrespective of what she believes the wishes of the target of her action are and the paternalist actor acts because she has a positive epistemic standing that the act may or will improve the welfare of the target of her action. I also argue that it (...)
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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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  • Defensive Harm, Consent, and Intervention.Jonathan Parry - 2017 - Philosophy and Public Affairs 45 (4):356-396.
    Many think that it would be wrong to defend an individual from attack if he competently and explicitly refuses defensive intervention. In this paper, I consider the extent to which the preferences of victims affect the permissibility of defending groups or aggregates. These cases are interesting and difficult because there is no straightforward sense in which a group can univocally consent to or refuse defensive intervention in the same way that an individual can. Among those who have considered this question, (...)
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  • Parenting the Parents: The Ethics of Parent-Targeted Paternalism in the Context of Anti-poverty Policies.Douglas MacKay - 2019 - In Nicolás Brando & Gottfried Schweiger (eds.), Philosophy and Child Poverty: Reflections on the Ethics and Politics of Poor Children and Their Families. Springer. pp. 321-340.
    Governments often aim to improve children’s wellbeing by targeting the decision-making of their parents. In this paper, I explore this phenomenon, providing an ethical evaluation of the ways in which governments target parental decision-making in the context of anti-poverty policies. I first introduce and motivate the concept of parent-targeted paternalism to categorize such policies. I then investigate whether parent-targeted paternalism is ever pro tanto wrong, arguing that it is when directed at parents who meet a threshold of parental competency. I (...)
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  • Autonomy, Consent, and the “Nonideal” Case.Hallvard Lillehammer - 2020 - Journal of Medicine and Philosophy 45 (3):297-311.
    According to one influential view, requirements to elicit consent for medical interventions and other interactions gain their rationale from the respect we owe to each other as autonomous, or self-governing, rational agents. Yet the popular presumption that consent has a central role to play in legitimate intervention extends beyond the domain of cases where autonomous agency is present to cases where far from fully autonomous agents make choices that, as likely as not, are going to be against their own best (...)
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  • The Trouble with Formal Views of Autonomy.Jonathan Knutzen - 2020 - Journal of Ethics and Social Philosophy 18 (2).
    Formal views of autonomy rule out substantive rational capacities (reasons-responsiveness) as a condition of autonomous agency. I argue that such views face a number of underappreciated problems: they have trouble making sense of how autonomous agents could be robustly responsible for their choices, face the burden of explaining why there should be a stark distinction between the importance of factual and evaluative information within autonomous agency, and leave it mysterious why autonomy is the sort of thing that has value and (...)
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  • Paternalism, respect and dialogue.Soo Jin Kim - forthcoming - Sage Journals: Philosophy and Social Criticism.
    Philosophy & Social Criticism, Ahead of Print. Supporters of paternalistic policies argue that interference with risky or dangerous choices for citizens’ own good is permissible, as long as those choices are caused by cognitive irrationality or ignorance. Yet, some liberal thinkers argue that despite human irrationality, paternalistic policies are still wrong because they fail to respect citizens as moral equals. I argue that actually both views are mistaken about what respect for citizens requires, because they conceptualize the citizens’ interests from (...)
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  • Paternalism, respect and dialogue.Soo Jin Kim - forthcoming - Sage Publications Ltd: Philosophy and Social Criticism.
    Philosophy & Social Criticism, Ahead of Print. Supporters of paternalistic policies argue that interference with risky or dangerous choices for citizens’ own good is permissible, as long as those choices are caused by cognitive irrationality or ignorance. Yet, some liberal thinkers argue that despite human irrationality, paternalistic policies are still wrong because they fail to respect citizens as moral equals. I argue that actually both views are mistaken about what respect for citizens requires, because they conceptualize the citizens’ interests from (...)
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  • Paternalism, respect and dialogue.Soo Jin Kim - forthcoming - Sage Journals.
    Philosophy & Social Criticism, Ahead of Print. Supporters of paternalistic policies argue that interference with risky or dangerous choices for citizens’ own good is permissible, as long as those choices are caused by cognitive irrationality or ignorance. Yet, some liberal thinkers argue that despite human irrationality, paternalistic policies are still wrong because they fail to respect citizens as moral equals. I argue that actually both views are mistaken about what respect for citizens requires, because they conceptualize the citizens’ interests from (...)
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  • What Should Egalitarian Policies Express? The Case of Paternalism.Anne-Sofie Greisen Hojlund - 2021 - Journal of Political Philosophy 29 (4):519-538.
    Journal of Political Philosophy, EarlyView.
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  • What should relational egalitarians believe?Anne-Sofie Greisen Hojlund - 2021 - Sage Publications: Politics, Philosophy and Economics 21 (1):55-74.
    Politics, Philosophy & Economics, Volume 21, Issue 1, Page 55-74, February 2022. Many find that the objectionable nature of paternalism has something to do with belief. However, since it is commonly held that beliefs are directly governed by epistemic as opposed to moral norms, how could it be objectionable to hold paternalistic beliefs about others if they are supported by the evidence? Drawing on central elements of relational egalitarianism, this paper attempts to bridge this gap. In a first step, it (...)
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  • What should relational egalitarians believe?Anne-Sofie Greisen Hojlund - 2022 - Politics, Philosophy and Economics 21 (1):55-74.
    Many find that the objectionable nature of paternalism has something to do with belief. However, since it is commonly held that beliefs are directly governed by epistemic as opposed to moral norms, how could it be objectionable to hold paternalistic beliefs about others if they are supported by the evidence? Drawing on central elements of relational egalitarianism, this paper attempts to bridge this gap. In a first step, it argues that holding paternalistic beliefs about others implies a failure to regard (...)
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  • Interspecies justice: agency, self-determination, and assent.Richard Healey & Angie Pepper - 2021 - Philosophical Studies 178 (4):1223-1243.
    In this article, we develop and defend an account of the normative significance of nonhuman animal agency. In particular, we examine how animals’ agency interests impact upon the moral permissibility of our interactions with them. First, we defend the claim that nonhuman animals sometimes have rights to self-determination. However, unlike typical adult humans, nonhuman animals cannot exercise this right through the giving or withholding of consent. This combination of claims generates a puzzle about the permissibility of our interactions with nonhuman (...)
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  • Paternalism, Disagreements, and The Moral Difference.Daniel Groll - 2019 - American Philosophical Quarterly 56 (1):57-70.
    Cases of paternalism usually involve disagreement between the paternalist and the paternalized subject. But not all the disagreements that give rise to paternalism are of the same kind and, as a result, not all instances of paternalism are morally on a par. There is, in other words, a moral difference between different kinds of paternalism, which can be explained in terms of the nature of the disagreements that give rise to the paternalism in the first place. This paper offers a (...)
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  • Medical Paternalism - Part 1.Daniel Groll - 2014 - Philosophy Compass 9 (3):194-203.
    Medical clinicians – doctors, nurses, nurse practitioners etc. – are charged to act for the good of their patients. But not all ways of acting for a patient's good are on par: some are paternalistic; others are not. What does it mean to act paternalistically, both in general and specifically in a medical context? And when, if ever, is it permissible for a clinician to act paternalistically? -/- This paper deals with the first question, with a special focus on paternalism (...)
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  • Medical Paternalism – Part 2.Daniel Groll - 2014 - Philosophy Compass 9 (3):194-203.
    Medical clinicians – doctors, nurses, nurse practitioners etc. – are charged to act for the good of their patients. But not all ways of acting for a patient's good are on par: some are paternalistic; others are not. What does it mean to act paternalistically, both in general and specifically in a medical context? And when, if ever, is it permissible for a clinician to act paternalistically? In Medical Paternalism Part 1, I answered the first question. This paper answers the (...)
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  • Misinformation as Immigration Control.Mollie Gerver - 2017 - Res Publica 23 (4):495-511.
    It is wrong to force refugees to return to the countries they fled from. It is similarly wrong, many argue, to force migrants back to countries with life-threatening conditions. I argue that it is additionally wrong to help such refugees and migrants voluntarily return whilst failing to inform them of the risks. Drawing on existing data, and original data from East Africa, I describe distinct types of cases where such a wrong arises. In ‘Misinformation Cases’ officials tell refugees that it (...)
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  • Consent for Data on Consent.Mollie Gerver - 2015 - Ethical Theory and Moral Practice 18 (4):799-816.
    There are instances where the provider of an intervention, such as surgery, has failed to obtain necessary informed consent from the recipient of the intervention. Perhaps the surgeon has failed to warn the patient that she may go into a coma, or even be killed, from the surgery. Sometimes, as a result of this intervention, the recipient cannot give informed consent to researchers for the release of their personal data precisely because of the intervention. If they are in a coma, (...)
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  • II—What’s Wrong with Paternalism: Autonomy, Belief, and Action.David Enoch - 2016 - Proceedings of the Aristotelian Society 116 (1):21-48.
    Several influential characterizations of paternalism or its distinctive wrongness emphasize a belief or judgement that it typically involves—namely, 10 the judgement that the paternalized is likely to act irrationally, or some such. But it's not clear what about such a belief can be morally objectionable if it has the right epistemic credentials (if it is true, say, and is best supported by the evidence). In this paper, I elaborate on this point, placing it in the context of the relevant epistemological (...)
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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. In practice, however, one normally uses a variable, risk dependent conception of competence, which really means that in considering whether or not to respect (...)
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  • Liberty, Security, and Fairness.Garrett Cullity - 2021 - The Journal of Ethics 25 (2):141-159.
    What constraints should be imposed on individual liberty for the sake of protecting our collective security? A helpful approach to answering this question is offered by a theory that grounds political obligation and authority in a moral requirement of fair contribution to mutually beneficial cooperative schemes. This approach encourages us to split the opening question into two—a question of correctness and a question of legitimacy—and generates a detailed set of answers to both subsidiary questions, with a nuanced and plausible set (...)
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  • Tell Me the Truth and I Will Not Be Harmed: Informed Consents and Nocebo Effects.Luana Colloca - 2017 - American Journal of Bioethics 17 (6):46-48.
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  • The logic of the interaction between beneficence and respect for autonomy.Shlomo Cohen - 2019 - Medicine, Health Care and Philosophy 22 (2):297-304.
    Beneficence and respect for autonomy are two of the most fundamental moral duties in general and in bioethics in particular. Beyond the usual questions of how to resolve conflicts between these duties in particular cases, there are more general questions about the possible forms of the interactions between them. Only recognition of the full spectrum of possible interactions will ensure optimal moral deliberation when duties potentially conflict. This paper has two simultaneous objectives. The first is to suggest a typological scheme (...)
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  • Preventing Nocebo Effects of Informed Consent Without Paternalism.Shlomo Cohen - 2017 - American Journal of Bioethics 17 (6):44-46.
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  • Public cartels, private conscience.Michael Cholbi - 2018 - Politics, Philosophy and Economics 17 (4):356-377.
    Many contributors to debates about professional conscience assume a basic, pre-professional right of conscientious refusal and proceed to address how to ‘balance’ this right against other goods. Here I argue that opponents of a right of conscientious refusal concede too much in assuming such a right, overlooking that the professions in which conscientious refusal is invoked nearly always operate as public cartels, enjoying various economic benefits, including protection from competition, made possible by governments exercising powers of coercion, regulation, and taxation. (...)
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  • Paternalism and our Rational Powers.Michael Cholbi - 2017 - Mind 126 (501):123-153.
    According to rational will views of paternalism, the wrongmaking feature of paternalism is that paternalists disregard or fail to respect the rational will of the paternalized, in effect substituting their own presumably superior judgments about what ends the paternalized ought to pursue or how they ought to pursue them. Here I defend a version of the rational will view appealing to three rational powers that constitute rational agency, which I call recognition, discrimination, and satisfaction. By appealing to these powers, my (...)
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  • A Normatively Neutral Definition of Paternalism.Emma C. Bullock - 2015 - Philosophical Quarterly 65 (258):1-21.
    In this paper, I argue that a definition of paternalism must meet certain methodological constraints. Given the failings of descriptivist and normatively charged definitions of paternalism, I argue that we have good reason to pursue a normatively neutral definition. Archard's 1990 definition is one such account. It is for this reason that I return to Archard's account with a critical eye. I argue that Archard's account is extensionally inadequate, failing to capture some cases which are clear instances of paternalism. I (...)
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  • Paternalism.Jessica Begon - 2016 - Analysis 76 (3):355-373.
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  • Athletic policy, passive well-being: Defending freedom in the capability approach.Jessica Begon - 2016 - Economics and Philosophy 32 (1):51-73.
    The capability approach was developed as a response to the ‘equality of what?’ question, which asks what the metric of equality should be. The alternative answers are, broadly, welfare, resources or capabilities. G.A. Cohen has raised influential criticisms of this last response. He suggests that the capability approach’s focus on individuals’ freedom – their capability to control their own lives – renders its view of well-being excessively ‘athletic’, ignoring benefits achieved passively, without the active involvement of the benefitted individual. However, (...)
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  • Paternalism and presumed superiority.Chrisoula Andreou - forthcoming - Analysis.
    1. It is commonly held that paternalism (invariably) involves ‘an assumption of superiority’, wherein the paternalizing agent assumes that – on top of any advan.
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  • Reactivity and Refuge.Michelle Mason - 2014 - In David Shoemaker (ed.), Oxford Studies in Agency and Responsibility, Vol. 2. Oxford University Press. pp. 143-162.
    P.F. Strawson famously suggested that employment of the objective attitude in an intimate relationship forebodes the relationship’s demise. Relatively less remarked is Strawson's admission that the objective attitude is available as a refuge from the strains of relating to normal, mature adults as proper subjects of the reactive attitudes. I develop an account of the strategic employment of the objective attitude in such cases according to which it denies a person a power of will – authorial power – whose recognition (...)
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  • Respect.Robin S. Dillon - 2018 - Stanford Encyclopedia of Philosophy.
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  • Libertarian Paternalism and the Authority Of The Autonomous Person.Cami Koepke - unknown
    Cass Sunstein and Richard Thaler contend that the government is justified in shaping certain choices of individuals to advance their well-being. In this paper, I argue that those who are committed to a robust notion of autonomy, which I call autonomy as authority, have good reason to reject the Sunstein-Thaler argument for libertarian paternalism. I draw from Joseph Raz’s idea of exclusionary reasons and Daniel Groll’s conception of autonomy to argue that the S/T argument for libertarian paternalism fails to respect (...)
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  • Decision Sciences and the New Case for Paternalism: Three Welfare-Related Justificatory Challenges.Roberto Fumagalli - 2016 - Social Choice and Welfare 47 (2):459-480.
    Several authors have recently advocated a so-called new case for paternalism, according to which empirical findings from distinct decision sciences provide compelling reasons in favour of paternalistic interference. In their view, the available behavioural and neuro-psychological findings enable paternalists to address traditional anti-paternalistic objections and reliably enhance the well-being of their target agents. In this paper, I combine insights from decision-making research, moral philosophy and evidence-based policy evaluation to assess the merits of this case. In particular, I articulate and defend (...)
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  • The Bite of Rights in Paternalism.Norbert Paulo - 2015 - In Thomas Schramme (ed.), New Perspectives on Paternalism and Health Care. Springer Verlag.
    This paper scrutinizes the tension between individuals’ rights and paternalism. I will argue that no normative account that includes rights of individuals can justify hard paternalism since the infringement of a right can only be justified with the right or interest of another person, which is never the case in hard paternalism. Justifications of hard paternalistic actions generally include a deviation from the very idea of having rights. The paper first introduces Tom Beauchamp as the most famous contemporary hard paternalist (...)
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  • Medicine & Well-Being.Daniel Groll - 2015 - In Guy Fletcher (ed.), The Routledge Handbook of Philosophy of Well-Being. Routledge.
    The connections between medicine and well-being are myriad. This paper focuses on the place of well-being in clinical medicine. It is here that different views of well-being, and their connection to concepts like “autonomy” and “authenticity”, both illuminate and are illuminated by looking closely at the kinds of interactions that routinely take place between clinicians, patients, and family members. -/- In the first part of the paper, I explore the place of well-being in a paradigmatic clinical encounter, one where a (...)
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  • Antipaternalism as a Filter on Reasons.Kalle Grill - 2015 - In Thomas Schramme (ed.), New Perspectives on Paternalism and Health Care. Springer Verlag.
    I first distinguish four types of objection to paternalism and argue that only one – the principled objection – amounts to a substantive and distinct normative doctrine. I then argue that this doctrine should be understood as preventing certain facts from playing the role of reasons they would otherwise play. I explain how this filter approach makes antipaternalism independent of several philosophical controversies: On the role reasons play, on what reasons there are, and on how reasons are related to values. (...)
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  • Moral Relevance in the Concepts and Language of Human Synthetic Moral Enhancement.Christian Carrozzo - 2015 - APA Newsletter on Philosophy and Medicine 14 (2):06-12.
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  • Paternalism and Rights.Daniel Groll - 2018 - In Kalle Grill & Jason Hanna (eds.), The Routledge Handbook of the Philosophy of Paternalism. Routledge.
    Are there any deep or systematic connections between paternalism and people's rights? Perhaps the connection is definitional: part of what makes an action or policy paternalistic is that it violates a right. Or perhaps the connection is normative: paternalism is (always? often? only sometimes?) morally problematic because it violates people's rights (even if we don't define "paternalism" in terms of a rights violation). My main goal in this paper is to argue for the normative connection. Part of the task will (...)
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