This paper attempts a defense of John Stuart Mill’s absolute ban against paternalistic restrictions on liberty. Mill’s principle looks more credible once we recognize that some instances of what are thought to be justified instances of paternalism are not instances of paternalism at all—e.g. anti-duelling laws. An interpretation of Mill’s argument is advanced which stresses his commitment to autonomy and his suggestion that exactly the same reasons which favor absolute freedom of speech also favor an absolute prohibition of paternalism. Alternative (...) expositions and appraisals of Mill by Gerald Dworkin and Joel Feiriberg are criticized. Finally, consideration is given to two arguments that render Mill’s principle trivial via the denial that there are any significant self-regarding actions. (shrink)

These four volumes address the question of the kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizens.

Conditioning can produce desires that seem to be outside of--or “alien” to--the agent. Desire-based theories of welfare claim that the satisfaction of desires creates prudential value. But the satisfaction of alien desires does not seem to create prudential value. To explain this fact, we need an account of alien desires that explains their moral status. In this paper I suggest that alien desires are desires that would be rational if the person believed something that in fact she believes is false. (...) Such desires could be produced by mental representations--or “quasi-beliefs”--with contents that conflict with the contents of one’s beliefs. The postulation of quasi-beliefs is plausible, for they explain important empirical facts about our behavior--facts that are difficult if not impossible to explain otherwise. Alien desires, I argue, involve quasi-beliefs with contents that conflict with the contents of regular beliefs. This theory provides the distinction between alien and authentic desires that desire-based theories of welfare need. (shrink)