Description

Book Synopsis
This book explores and critically evaluates conceptual and justificatory models related to paternalism in the context of moral philosophy. Paternalistic interventions promoting someone’s good or protecting the person from self-harming actions raise controversial questions from a legal and an ethical perspective. The tension between the benevolent character of paternalism and its interference with personal autonomy seems to hinder the development of a coherent theory that could specify the «proper» limits of protective state interventions. The theoretical investigation is complemented by selected cases from the jurisprudence of the European Court of Human Rights and the Constitutional Court of Hungary.

Table of Contents
Contents: Paternalism – Moralism – Self-harm – Liberty-limiting principles – Autonomy – Voluntariness – Definition of paternalism – Consequentialism – Virtue ethics – Ethics of care – Harm principle – John Stuart Mill – Joel Feinberg – European Court of Human Rights – Constitutional Court of Hungary.

Paternalism: Moral Theory and Legal Practice

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    A Hardback by Jakub Kloc-Konkolowicz, Antal Szerletics

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      View other formats and editions of Paternalism: Moral Theory and Legal Practice by Jakub Kloc-Konkolowicz

      Publisher: Peter Lang AG
      Publication Date: Publication Date: 28/09/2015
      ISBN13: 9783631668009, 978-3631668009
      ISBN10: 3631668007

      Description

      Book Synopsis
      This book explores and critically evaluates conceptual and justificatory models related to paternalism in the context of moral philosophy. Paternalistic interventions promoting someone’s good or protecting the person from self-harming actions raise controversial questions from a legal and an ethical perspective. The tension between the benevolent character of paternalism and its interference with personal autonomy seems to hinder the development of a coherent theory that could specify the «proper» limits of protective state interventions. The theoretical investigation is complemented by selected cases from the jurisprudence of the European Court of Human Rights and the Constitutional Court of Hungary.

      Table of Contents
      Contents: Paternalism – Moralism – Self-harm – Liberty-limiting principles – Autonomy – Voluntariness – Definition of paternalism – Consequentialism – Virtue ethics – Ethics of care – Harm principle – John Stuart Mill – Joel Feinberg – European Court of Human Rights – Constitutional Court of Hungary.

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