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Normative and Non-normative Concepts: Paternalism and Libertarian Paternalism

In Daniel Strech, Irene Hirschberg & Georg Marckmann (eds.), Ethics in Public Health and Health Policy: Concepts, Methods, Case Studies. Dordrecht: Springer. pp. 27-46 (2013)

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  1. (1 other version)The Ethics of Nudge.Luc Bovens - 2008 - In Mats J. Hansson & Till Grüne-Yanoff (eds.), Preference Change: Approaches from Philosophy, Economics and Psychology. Springer, Theory and Decision Library A. pp. 207-20.
    In their recently published book Nudge (2008) Richard H. Thaler and Cass R. Sunstein (T&S) defend a position labelled as ‘libertarian paternalism’. Their thinking appeals to both the right and the left of the political spectrum, as evidenced by the bedfellows they keep on either side of the Atlantic. In the US, they have advised Barack Obama, while, in the UK, they were welcomed with open arms by the David Cameron's camp (Chakrabortty 2008). I will consider the following questions. What (...)
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  • What's Wrong with Selling Yourself into Slavery? Paternalism and Deep Autonomy.Andrew Sneddon - 2001 - Critica 33 (98):97-121.
    Such thinkers as John Stuart Mill, Gerald Dworkin, and Richard Doerflinger have appealed to the value of freedom to explain both what is wrong with slavery and what is wrong with selling oneself into slavery. Practical ethicists, including Dworkin and Doerflinger, sometimes use selling oneself into slavery in analogies intended to illustrate justifiable forms of paternalism. I argue that these thinkers have misunderstood the moral problem with slavery. Instead of being a central value in itself, I argue that freedom is (...)
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  • From Chance to Choice: Genetics and Justice.Allen Buchanan, Dan W. Brock, Norman Daniels & Daniel Wikler - 2000 - Cambridge University Press.
    This book, written by four internationally renowned bioethicists and first published in 2000, was the first systematic treatment of the fundamental ethical issues underlying the application of genetic technologies to human beings. Probing the implications of the remarkable advances in genetics, the authors ask how should these affect our understanding of distributive justice, equality of opportunity, the rights and obligations as parents, the meaning of disability, and the role of the concept of human nature in ethical theory and practice. The (...)
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  • Genetic Privacy: A Challenge to Medico-Legal Norms.Graeme Laurie - 2002 - New York: Cambridge University Press.
    The phenomenon of the New Genetics raises complex social problems, particularly those of privacy. This book offers ethical and legal perspectives on the questions of a right to know and not to know genetic information from the standpoint of individuals, their relatives, employers, insurers and the state. Graeme Laurie provides a unique definition of privacy, including a concept of property rights in the person, and argues for stronger legal protection of privacy in the shadow of developments in human genetics. He (...)
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  • Just Health: Meeting Health Needs Fairly.Norman Daniels - 2007 - Cambridge University Press.
    In this book by the award-winning author of Just Healthcare, Norman Daniels develops a comprehensive theory of justice for health that answers three key questions: what is the special moral importance of health? When are health inequalities unjust? How can we meet health needs fairly when we cannot meet them all? Daniels' theory has implications for national and global health policy: can we meet health needs fairly in ageing societies? Or protect health in the workplace while respecting individual liberty? Or (...)
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  • Paternalism, Unconscionability Doctrine, and Accommodation.Seana Valentine Shiffrin - 2000 - Philosophy and Public Affairs 29 (3):205-250.
    The unconscionability doctrine in contract law enables a court to decline to enforce a contract whose terms are seriously one-sided, exploitative, or otherwise manifestly unfair. It is often criticized for being paternalist. The essay argues that the characterization of unconscionability doctrine as paternalist reflects common but misleading thought about paternalism and obscures more important issues about autonomy and social connection. The defense responds to another criticism: that unconscionability doctrine is an inappropriate, because economically inefficient, egalitarian tool. The final part discusses (...)
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  • Paternalism.John Kleinig - 1985 - Law and Philosophy 4 (1):115-119.
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  • Handbook of Qualitative Research.N. Denzin & Y. Lincoln - 1994 - British Journal of Educational Studies 42 (4):409-410.
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  • Harm to Self.Joel Feinberg - 1986 - Oxford University Press USA.
    This is the third volume of Joel Feinberg's highly regarded The Moral Limits of the Criminal Law, a four-volume series in which Feinberg skillfully addresses a complex question: What kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizens? In Harm to Self, Feinberg offers insightful commentary into various notions attached to self-inflicted harm, covering such topics as legal paternalism, personal sovereignty and its boundaries, voluntariness and assumptions of risk, consent and its counterfeits, (...)
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  • (1 other version)Paternalism.Gerald Dworkin - 1972 - The Monist 56 (1):64-84.
    I take as my starting point the “one very simple principle” proclaimed by Mill in On Liberty … “That principle is, that the sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection. That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. He cannot rightfully be compelled to do (...)
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  • The Meaning of 'Public' in 'Public Health'.Marcel Verweij & Angus Dawson - 2009 - In Angus Dawson & Marcel Verweij (eds.), Ethics, Prevention, and Public Health. Oxford University Press.
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  • Hiding From Humanity: Disgust, Shame, and the Law.Martha C. Nussbaum - 2004 - Princeton University Press.
    Should laws about sex and pornography be based on social conventions about what is disgusting? Should felons be required to display bumper stickers or wear T-shirts that announce their crimes? This powerful and elegantly written book, by one of America's most influential philosophers, presents a critique of the role that shame and disgust play in our individual and social lives and, in particular, in the law.Martha Nussbaum argues that we should be wary of these emotions because they are associated in (...)
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  • Reasons Why Post-Trial Access to Trial Drugs Should, or Need not be Ensured to Research Participants: A Systematic Review.N. Sofaer & D. Strech - 2011 - Public Health Ethics 4 (2):160-184.
    Background : researchers and sponsors increasingly confront the issue of whether participants in a clinical trial should have post-trial access (PTA) to the trial drug. Legislation and guidelines are inconsistent, ambiguous or silent about many aspects of PTA. Recent research highlights the potential importance of systematic reviews (SRs) of reason-based literatures in informing decision-making in medicine, medical research and health policy. Purpose: to systematically review reasons why drug trial participants should, or need not be ensured PTA to the trial drug (...)
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  • Legal Paternalism.Joel Feinberg - 1971 - Canadian Journal of Philosophy 1 (1):105 - 124.
    The principle of legal paternalism justifies state coercion to protect individuals from self-inflicted harm, or in its extreme version, to guide them, whether they like it or not, toward their own good. Parents can be expected to justify their interference in the lives of their children on the ground that “daddy knows best.” legal paternalism seems to imply that since the state often can know the interests of individual citizens better than the citizens know them themselves, it stands as a (...)
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  • Public Health Ethics: Key Concepts and Issues in Policy and Practice.Angus Dawson (ed.) - 2011 - Cambridge University Press.
    Machine generated contents note: Preface; Introduction Angus Dawson; Part I. Concepts: 1. Resetting the parameters: public health as the foundation for public health ethics Angus Dawson; 2. Health, disease and the goal of public health Bengt Brülde; 3. Selective reproduction, eugenics and public health Stephen Wilkinson; 4. Risk and precaution Stephen John; Part II. Issues: 5. Smoking, health and ethics Richard Ashcroft; 6. Infectious disease control Marcel Verweij; 7. Population screening Ainsley Newson; 8. Vaccination ethics Angus Dawson; 9. Environment, ethics (...)
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  • Global Health and Global Health Ethics.Solomon Benatar & Gillian Brock (eds.) - 2011 - Cambridge University Press.
    Machine generated contents note: Preface; Introduction; Part I. Global Health, Definitions and Descriptions: 1. What is global health? Solly Benatar and Ross Upshur; 2. The state of global health in a radically unequal world: patterns and prospects Ron Labonte and Ted Schrecker; 3. Addressing the societal determinants of health: the key global health ethics imperative of our times Anne-Emmanuelle Birn; 4. Gender and global health: inequality and differences Lesley Doyal and Sarah Payne; 5. Heath systems and health Martin McKee; Part (...)
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  • How Physicians Allocate Scarce Resources at the Bedside: A Systematic Review of Qualitative Studies.D. Strech, M. Synofzik & G. Marckmann - 2008 - Journal of Medicine and Philosophy 33 (1):80-99.
    Although rationing of scarce health-care resources is inevitable in clinical practice, there is still limited and scattered information about how physicians perceive and execute this bedside rationing (BSR) and how it can be performed in an ethically fair way. This review gives a systematic overview on physicians’ perspectives on influences, strategies, and consequences of health-care rationing. Relevant references as identified by systematically screening major electronic databases and manuscript references were synthesized by thematic analysis. Retrieved studies focused on themes that fell (...)
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  • (2 other versions)Public Health, Ethics, and Human Rights: A Tribute to the Late Jonathan Mann.Lawrence O. Gostin - 2001 - Journal of Law, Medicine and Ethics 29 (2):121-130.
    The late Jonathan Mann famously theorized that public health, ethics, and human rights are complementary fields motivated by the paramount value of human well-being. He felt that people could not be healthy if governments did not respect their rights and dignity as well as engage in health policies guided by sound ethical values. Nor could people have their rights and dignity if they were not healthy. Mann and his colleagues argued that public health and human rights are integrally connected: Human (...)
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  • The right not to know: an autonomy based approach.R. Andorno - 2004 - Journal of Medical Ethics 30 (5):435-439.
    The emerging international biomedical law tends to recognise the right not to know one’s genetic status. However, the basis and conditions for the exercise of this right remain unclear in domestic laws. In addition to this, such a right has been criticised at the theoretical level as being in contradiction with patient’s autonomy, with doctors’ duty to inform patients, and with solidarity with family members. This happens especially when non-disclosure poses a risk of serious harm to the patient’s relatives who, (...)
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  • Responsibility in health care: a liberal egalitarian approach.A. W. Cappelen & O. F. Norheim - 2005 - Journal of Medical Ethics 31 (8):476-480.
    Lifestyle diseases constitute an increasing proportion of health problems and this trend is likely to continue. A better understanding of the responsibility argument is important for the assessment of policies aimed at meeting this challenge. Holding individuals accountable for their choices in the context of health care is, however, controversial. There are powerful arguments both for and against such policies. In this article the main arguments for and the traditional arguments against the use of individual responsibility as a criterion for (...)
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  • Ethics: Nursing in asylum seeker detention in Australia: care, rights and witnessing.D. Zion, L. Briskman & B. Loff - 2009 - Journal of Medical Ethics 35 (9):546-551.
    The system of asylum seeker detention in Australia is one in which those seeking refuge are stripped of many of their rights, including the right to health. This presents serious ethical problems for healthcare providers working within this system. In this article we describe asylum seeker detention and analyse the role of nurses. We discuss how far an “ethics of care” and witnessing the suffering of asylum seekers can serve to improve their situation and improve ethical nursing practice.
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  • Privacy, democracy and the politics of disease surveillance.Amy L. Fairchild, Ronald Bayer & James Colgrove - 2008 - Public Health Ethics 1 (1):30-38.
    Fairchild, Center for the History and Ethics of Public Health in the Department of Sociomedical Sciences at Columbia University's Mailman School of Public Health Abstract Surveillance is a cornerstone of public health. It permits us to recognize disease outbreaks, to track the incidence and prevalence of threats to public health, and to monitor the effectiveness of our interventions. But surveillance also challenges our understandings of the significance and role of privacy in a liberal democracy. In this paper we trace the (...)
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  • Population-level bioethics : mapping a new agenda.Daniel Wikler & Dan W. Brock - 2008 - In Ronald Michael Green, Aine Donovan & Steven A. Jauss (eds.), Global bioethics: issues of conscience for the twenty-first century. New York: Oxford University Press.
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  • The social construction of what?Ian Hacking - 1999 - Cambridge, Mass: Harvard University Press.
    Especially troublesome in this dispute is the status of the natural sciences, and this is where Hacking finds some of his most telling cases, from the conflict ...
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  • (1 other version)What we owe to each other.Thomas Scanlon - 1998 - Cambridge: Belknap Press of Harvard University Press.
    In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other.
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  • Science in action: how to follow scientists and engineers through society.Bruno Latour - 1987 - Cambridge: Harvard University Press.
    In this book Bruno Latour brings together these different approaches to provide a lively and challenging analysis of science, demonstrating how social context..
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  • (1 other version)Paternalism.Gerald Dworkin - 1972 - The Monist.
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  • (1 other version)Equality and priority.Derek Parfit - 1997 - Ratio 10 (3):202–221.
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  • Guilt, fear, stigma and knowledge gaps: Ethical issues in public health communication interventions.Nurit Guttman & Charles T. Salmon - 2004 - Bioethics 18 (6):531–552.
    ABSTRACT Public health communication campaigns have been credited with helping raise awareness of risk from chronic illness and new infectious diseases and with helping promote the adoption of recommended treatment regimens. Yet many aspects of public health communication interventions have escaped the scrutiny of ethical discussions. With the transference of successful commercial marketing communication tactics to the realm of public health, consideration of ethical issues becomes an essential component in the development and application of public health strategies. Ethical issues in (...)
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  • (1 other version)Experts: Which ones should you trust?Alvin I. Goldman - 2001 - Philosophy and Phenomenological Research 63 (1):85-110.
    Mainstream epistemology is a highly theoretical and abstract enterprise. Traditional epistemologists rarely present their deliberations as critical to the practical problems of life, unless one supposes—as Hume, for example, did not—that skeptical worries should trouble us in our everyday affairs. But some issues in epistemology are both theoretically interesting and practically quite pressing. That holds of the problem to be discussed here: how laypersons should evaluate the testimony of experts and decide which of two or more rival experts is most (...)
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  • Why sufficiency is not enough.Paula Casal - 2007 - Ethics 117 (2):296-326.
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  • Truth or consequences: The role of philosophers in policy-making.Dan W. Brock - 1987 - Ethics 97 (4):786-791.
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  • Law, Liberty, and Morality.H. L. A. Hart - 1963 - Stanford University Press.
    This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two great (...)
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  • Cost-Value Analysis in Health Care: Making Sense Out of Qalys.Erik Nord - 1999 - Cambridge University Press.
    This book is a comprehensive account of what it means to try to quantify health in distributing resources for health care. It examines the concept of QALYs which supposedly makes it more accurate to talk about life in terms of both quality and quantity of years lived when referring to health care policy. It offers an elegant new approach to comparing the costs and benefits of medical interventions. Cost-Utility Analysis is a method designed by economists to aid decision makers distribute (...)
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  • (1 other version)Public Health Ethics.Stephen Holland - 2007 - Hoboken, NJ: Polity.
    How far should we go in protecting and promoting public health? Can we force people to give up unhealthy habits and make healthier choices, or does everyone have the right to decide their own lifestyle? Should we stop treating smokers who refuse to give up smoking? Should we put a tax on fatty foods and ban vending machines in schools to address the obesity epidemic? Should parents be required to have their children vaccinated? Are some of our screening programmes unethical (...)
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  • Public Health, Ethics, and Equity.Sudhir Anand (ed.) - 2004 - Oxford University Press UK.
    In the last fifty years, average overall health status has increased more or less in parallel with a much celebrated decline in mortality, attributed mostly to poverty reduction, sanitation, nutrition, housing, immunization, and improved medical care. It is becoming increasingly clear, however, that these achievements were not equally distributed. In most countries, while some social groups have benefited significantly, the situation of others has stagnated or may even have worsened.If health is a prerequisite to a person functioning as an agent, (...)
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  • Equity and Choice: An Essay in Economics and Applied Philosophy.Julian Le Grand - 2002 - Routledge.
    Offering a new answer to an age-old problem: the meaning of a just or equitable distribution of resources, Julian Le Grand examines the principal interpretations of equity used by economists and political philosophers. He argues that none captures the essence of the term as well as an alternative conception relating equity to the existence or otherwise of individual choice. Le Grand shows that this conception is not only philosophically well-grounded but is also directly relevant to key areas of distributional policy. (...)
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  • Social Justice: The Moral Foundations of Public Health and Health Policy.Madison Powers & Ruth Faden - 2008 - Oup Usa.
    In bioethics, discussions of justice have tended to focus on questions of fairness in access to health care: is there a right to medical treatment, and how should priorities be set when medical resources are scarce. But health care is only one of many factors that determine the extent to which people live healthy lives, and fairness is not the only consideration in determining whether a health policy is just. In this pathbreaking book, senior bioethicists Powers and Faden confront foundational (...)
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  • The need for systematic reviews of reasons.Neema Sofaer & Daniel Strech - 2012 - Bioethics 26 (6):315-328.
    There are many ethical decisions in the practice of health research and care, and in the creation of policy and guidelines. We argue that those charged with making such decisions need a new genre of review. The new genre is an application of the systematic review, which was developed over decades to inform medical decision-makers about what the totality of studies that investigate links between smoking and cancer, for example, implies about whether smoking causes cancer. We argue that there is (...)
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  • (1 other version)Rethinking the Meaning of Public Health.Mark A. Rothstein - 2002 - Journal of Law, Medicine and Ethics 30 (2):144-149.
    Public health is a dynamic field. Outbreaks of new diseases, as well as changing patterns of population growth, economic development, and lifestyle trends all may threaten public health and thus demand a public health response. As the practice of public health evolves, there is an ongoing need to reassess its scientific, ethical, legal, and social underpinnings. Such a reappraisal must consider the disagreement among public health officials, public health scholars, elected officials, and the public about the proper role of public (...)
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  • Public Health Ethics: Mapping the Terrain.James F. Childress, Ruth R. Faden, Ruth D. Gaare, Lawrence O. Gostin, Jeffrey Kahn, Richard J. Bonnie, Nancy E. Kass, Anna C. Mastroianni, Jonathan D. Moreno & Phillip Nieburg - 2002 - Journal of Law, Medicine and Ethics 30 (2):170-178.
    Public health ethics, like the field of public health it addresses, traditionally has focused more on practice and particular cases than on theory, with the result that some concepts, methods, and boundaries remain largely undefined. This paper attempts to provide a rough conceptual map of the terrain of public health ethics. We begin by briefly defining public health and identifying general features of the field that are particularly relevant for a discussion of public health ethics.Public health is primarily concerned with (...)
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  • Inclusion of Adolescent Women in Microbicide Trials: A Public Health Imperative!S. Pomfret, Q. A. Karim & S. R. Benatar - 2010 - Public Health Ethics 3 (1):39-50.
    Conventional and well-established guidelines for the ethical conduct of clinical research are necessary but not sufficient for addressing research dilemmas related to public health research. There is a particular need for a public health ethics framework when, in the face of an epidemic, research is urgently needed to promote the common good. While there is limited experience in the use of a public health ethics framework, the value and potential of such an approach is increasingly being appreciated. Here we use (...)
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  • The future of bioethics: Three dogmas and a cup of hemlock.Angus Dawson - 2010 - Bioethics 24 (5):218-225.
    In this paper I argue that bioethics is in crisis and that it will not have a future unless it begins to embrace a more Socratic approach to its leading assumptions. The absence of a critical and sceptical spirit has resulted in little more than a dominant ideology. I focus on three key issues. First, that too often bioethics collapses into medical ethics. Second, that medical ethics itself is beset by a lack of self-reflection that I characterize here as a (...)
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  • Public health research ethics: A research agenda.Marcel Verweij & Angus Dawson - 2009 - Public Health Ethics 2 (1):1-6.
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  • A relational account of public health ethics.Françoise Baylis, Nuala P. Kenny & Susan Sherwin - 2008 - Public Health Ethics 1 (3):196-209.
    oise Baylis, 1234 Le Marchant Street, Halifax, Nova Scotia, Canada B3H 3P7. Tel.: (902)-494–2873; Fax: (902)-494-2924; Email: francoise.baylis{at}dal.ca ' + u + '@' + d + ' '//--> . Abstract Recently, there has been a growing interest in public health and public health ethics. Much of this interest has been tied to efforts to draw up national and international plans to deal with a global pandemic. It is common for these plans to state the importance of drawing upon a well-developed (...)
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  • Liberalism, altruism and group consent.Kalle Grill - 2009 - Public Health Ethics 2 (2):146-157.
    This article first describes a dilemma for liberalism: On the one hand restricting their own options is an important means for groups of people to shape their lives. On the other hand, group members are typically divided over whether or not to accept option-restricting solutions or policies. Should we restrict the options of all members of a group even though some consent and some do not? This dilemma is particularly relevant to public health policy, which typically target groups of people (...)
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  • Behavioral law and economics : The assault on consent, will, and dignity.Mark D. White - 2010 - In Christi Favor, Gerald Gaus & Julian Lamont (eds.), Essays on Philosophy, Politics & Economics: Integration & Common Research Projects. Stanford Economics and Finance.
    In "Behavioral Law and Economics: The Assault on Consent, Will, and Dignity," Mark D. White uses the moral philosophy of Immanuel Kant to examine the intersection of economics, psychology, and law known as "behavioral law and economics." Scholars in this relatively new field claim that, because of various cognitive biases and failures, people often make choices that are not in their own interests. The policy implications of this are that public and private organizations, such as the state and employers, can (...)
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  • Paternalistic behavior.Bernard Gert & Charles M. Culver - 1976 - Philosophy and Public Affairs 6 (1):45-57.
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  • Prospect Theory: An Analysis of Decision Under Risk.D. Kahneman & A. Tversky - 1979 - Econometrica: Journal of the Econometric Society:263--291.
    The following values have no corresponding Zotero field: PB - JSTOR.
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  • Legal paternalism.Douglas N. Husak - 2003 - In Hugh LaFollette (ed.), The Oxford handbook of practical ethics. New York: Oxford University Press. pp. 387--388.
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