Abstract and Keywords
This article's central interest is to examine the special philosophical difficulties that arise in attempts to think about paternalism in legal contexts. Most moral philosophers have focused on personal relationships in their efforts to understand both the nature and the justification of paternalism. That is, they have endeavoured to identify the conditions under which what they define as paternalism might be justified in situations in which one person (for example, a parent, a doctor, or a friend) interacts with another person (for example, a child, a patient, or a friend). The article is largely concerned with the problems that inhere in efforts to apply to the domain of law any theories about paternalism that might be derived from these personal contexts. It proposes tentative solutions to several of these problems.
Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.
If you have purchased a print title that contains an access token, please see the token for information about how to register your code.