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Paternalism and Equality

In Thomas Schramme (ed.), New Perspectives on Paternalism and Health Care. Springer Verlag (2015)

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  1. 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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  • Equality and Equal Opportunity for Welfare.Richard J. Arneson - 1989 - Philosophical Studies 56 (1):77 - 93.
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  • What is the Point of Equality.Elizabeth Anderson - 1999 - Ethics 109 (2):287-337.
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  • Harm to Self.Joel Feinberg - 1986
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  • Avoiding Paternalism.Peter de Marneffe - 2006 - Philosophy and Public Affairs 34 (1):68-94.
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  • What is Egalitarianism?Samuel Scheffler - 2003 - Philosophy and Public Affairs 31 (1):5-39.
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  • A Defense of Equal Opportunity for Welfare.Richard J. Arneson - 1991 - Philosophical Studies 62 (2):187 - 195.
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  • Distributive and Relational Equality.Christian Schemmel - 2012 - Politics, Philosophy and Economics 11 (2):123-148.
    Is equality a distributive value or does it rather point to the quality of social relationships? This article criticizes the distributive character of luck egalitarian theories of justice and fleshes out the central characteristics of an alternative, relational approach to equality. It examines a central objection to distributive theories: that such theories cannot account for the significance of how institutions treat people (as opposed to the outcomes they bring about). I discuss two variants of this objection: first, that distributive theories (...)
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  • Joel Feinberg and the Justification of Hard Paternalism.Richard J. Arneson - 2005 - Legal Theory 11 (3):259-284.
    Joel Feinberg was a brilliant philosopher whose work in social and moral philosophy is a legacy of excellent, even stunning achievement. Perhaps his most memorable achievement is his four-volume treatise on The Moral Limits of the Criminal Law, and perhaps the most striking jewel in this crowning achievement is his passionate and deeply insightful treatment of paternalism.1 Feinberg opposes Legal Paternalism, the doctrine that “it is always a good reason in support of a [criminal law] prohibition that it is necessary (...)
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  • Paternalism, Utility, and Fairness.Richard J. Arneson - 1989 - Revue Internationale de Philosophie 43 (3):409.
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  • Smoking and Social Justice.Kristin Voigt - 2010 - Public Health Ethics 3 (2):91-106.
    Smoking is disproportionately common among the disadvantaged, both within many countries and globally; the burden associated with smoking is, therefore, borne to a great extent by the disadvantaged. In this paper, I argue that this should be regarded as a problem of social justice. Even though smokers do, in a sense, ‘choose’ to smoke, the extent to which these choices can legitimise the resulting inequalities is limited by the unequal circumstances in which they are made. An analysis of the empirical (...)
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  • Why It's Time to Stop Worrying About Paternalism in Health Policy.J. Wilson - 2011 - Public Health Ethics 4 (3):269-279.
    Public health policies which involve active intervention to improve the health of the population are often criticized as paternalistic. This article argues that it is a mistake to frame our discussions of public health policies in terms of paternalism. First, it is deeply problematic to pick out which policies should count as paternalistic; at best, we can talk about paternalistic justifications for policies. Second, two of the elements that make paternalism problematic at an individual level—interference with liberty and lack of (...)
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  • The Harshness Objection: Is Luck Egalitarianism Too Harsh on the Victims of Option Luck?Kristin Voigt - 2007 - Ethical Theory and Moral Practice 10 (4):389-407.
    According to luck egalitarianism, inequalities are justified if and only if they arise from choices for which it is reasonable to hold agents responsible. This position has been criticised for its purported harshness in responding to the plight of individuals who, through their own choices, end up destitute. This paper aims to assess the Harshness Objection. I put forward a version of the objection that has been qualified to take into account some of the more subtle elements of the luck (...)
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  • Liberalism, Distributive Subjectivism, and Equal Opportunity for Welfare.Richard J. Arneson - 1990 - Philosophy and Public Affairs 19 (2):158-194.
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  • Relational Equality and Health.Kristin Voigt & Gry Wester - 2015 - Social Philosophy and Policy 31 (2):204-229.
    Political philosophers have become increasingly interested in questions of justice as applied to health. Much of this literature works from a distributive understanding of justice. In the recent debate, however, ‘relational’ egalitarians have proposed a different way of conceptualising equality, which focuses on the quality of social relations among citizens and/or how social institutions ‘treat’ citizens. This paper explores some implications of a relational approach to health, with particular focus on health care, health inequalities and health policy. While the relational (...)
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  • Hard Paternalism, Fairness and Clinical Research: Why Not?Sarah J. L. Edwards & James Wilson - 2012 - Bioethics 26 (2):68 - 75.
    Jansen and Wall suggest a new way of defending hard paternalism in clinical research. They argue that non-therapeutic research exposing people to more than minimal risk should be banned on egalitarian grounds: in preventing poor decision-makers from making bad decisions, we will promote equality of welfare. We argue that their proposal is flawed for four reasons.First, the idea of poor decision-makers is much more problematic than Jansen and Wall allow. Second, pace Jansen and Wall, it may be practicable for regulators (...)
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  • Luck Egalitarianism and Prioritarianism.Richard J. Arneson - 2000 - Ethics 110 (2):339-349.
    In her recent, provocative essay “What Is the Point of Equality?”, Elizabeth Anderson argues against a common ideal of egalitarian justice that she calls “ luck egalitarianism” and in favor of an approach she calls “democratic equality.”1 According to the luck egalitarian, the aim of justice as equality is to eliminate so far as is possible the impact on people’s lives of bad luck that falls on them through no fault or choice of their own. In the ideal luck egalitarian (...)
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  • 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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  • Paternalism and Fairness in Clinical Research.Lynn A. Jansen & Steven Wall - 2009 - Bioethics 23 (3):172-182.
    In this paper, we defend the ethics of clinical research against the charge of paternalism. We do so not by denying that the ethics of clinical research is paternalistic, but rather by defending the legitimacy of paternalism in this context. Our aim is not to defend any particular set of paternalistic restrictions, but rather to make a general case for the permissibility of paternalistic restrictions in this context. Specifically, we argue that there is no basic liberty-right to participate in clinical (...)
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  • Harm to Self.Joel Feinberg & Donald Vandeveer - 1988 - Ethics 98 (3):550-565.
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  • Carrots, Sticks, and Health Care Reform — Problems with Wellness Incentives.Harald Schmidt, Kristin Voigt & Daniel Wikler - 2010 - New England Journal of Medicine 362:e3.
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