Paternalism and Perfectionism (Mill, Bantham, Raz, Dworkin)

Question 1

Definition: Harm Principle (HP)

Answer 1

MILL: Can only interfere w/A’s liberty to prevent A from harming others.

Traditional Understanding: HP is ALWAYS a good reason to interfere with liberty, moral paternalism is never a good reason to restrict liberty.

Standard Understanding: HP is the ONLY good reason to interfere with liberty.

Question 2

Definition: Paternalism (PTM)

Answer 2

Permissible to ‘interfere with X’s liberty’, ‘against X’s will’, to ‘make X better off’. (Blood transfusion for Jehovah’s Witness #blessed)

Question 3

Contrast: Strong PTM and Weak PTM

Answer 3

Strong PTM: Preventing people from pursuing ends that are mistaken or irrational. (i.e. Applying for TC’s)

Weak PTM: Preventing people from using certain means to achieve their ends of those means are likely to defeat those ends.

Question 4

Definition: Perfectionism (PFM)

Answer 4

RAZ: Some restrictions on liberty can IMPROVE autonomy and create morally valuable opportunities in the long term.

(Court can override 16YO’s refusal for life-saving medical treatment).

Question 5

Distinction between HP and PFM

Answer 5

MILL: Can only interfere w/A’s liberty to prevent A from harming others.

RAZ: Can interfere w/A’s liberty to prevent A from harming others AS WELL AS from himself.

Question 6

Explain: MILL’S Objections to PTM

Answer 6

1. Risk of politicians abusing power to promote their own interests: COUNTER - Applies to every law in the law; consequentialist argument.
2. Government doesn’t know better than us than we do ourselves: COUNTER - Government has data and individuals don’t; consequentialist argument.
3. Can’t justify PTM with utilitarianism as liberty is qualitatively superior to other types of pleasure, and most important pleasure is autonomy. PTM can never promote personal happiness because top happiness comes from liberty (and drugs).

Question 7

Explain: MILL’S Exceptions to HP (In Support of PTM)

Answer 7

1. Allows ‘Weak PTM’ to protect A’s liberty in ‘crossing the bridge example’ but only if A doesn’t know that bridge is broken. ISSUE - What if we don’t know whether A knows about status of bridge? MILL - Warn A but not intervene.
2. ‘Strong PTM’ in banning slavery as slavery removes all future liberty.

Question 8

Principled Rejection of PTM

Answer 8

I have a right to make my own choices in personal affairs and this includes the right to make bad choices. Doesn’t matter how good the state’s decisions are, I still don’t want to be subjected to that.

Question 9

Grounds to Justify PTM

Answer 9

Consent (Future Based): DWORKIN
Consent (Hypothetical)
Perfectionism: RAZ

Bridge - Existing Liberty: MILL
Slavery - Future Autonomy: MILL

Harm Principle: MILL
Utilitarianism: BENTHAM

Question 10

Explain: Justify PTM via Consent (Future Based)

Answer 10

DWORKIN: Child’s subsequent recognition of Parent’s wisdom of restriction. (Child will appreciate parent’s orders later in life - LOLLL).

ISSUE:

1. Doesn’t tell us how much we can intervene now.
2. Which point in the future we can say that consent has been retrospectively given.
3. What if grown-up child never appreciates the intervention.
4. Does it make sense to say we consent to everything we choose to welcome in the future?

Question 11

Explain: Justify PTM via Consent (Hypothetical)

Answer 11

Interference justified if fully rational agents would have consented to it (Objective test).

ISSUE: People disagree as to the competing values in life.

Question 12

Explain: Justify PTM via Perfectionism

Answer 12

RAZ: Autonomy requires:

1. Capacity to form and execute complex intentions.
2. Wide range of options to choose from to decide type of life we want (i.e. subsidising art - non coercive PTM).
3. Freedom from coercion and manipulation to choose and pursue life that we want.

Therefore, insofar as PTM and PFM protects us from reaching autonomy by improving the above, PTM and PFM are justified. Some restrictions on liberty can IMPROVE autonomy and create morally valuable opportunities in the long term.

Question 13

Explain: Justify PTM via ‘Bridge’ and ‘Slavery’ Example

Answer 13

1. Allows ‘Weak PTM’ to protect A’s liberty in ‘crossing the bridge example’ but only if A doesn’t know that bridge is broken. ISSUE - What if we don’t know whether A knows about status of bridge? MILL - Warn A but not intervene.
2. ‘Strong PTM’ in banning slavery as slavery removes all future liberty.

Question 14

Explain: Justify PTM via Harm Principle

Answer 14

MILL: Can only interfere w/A’s liberty to prevent A from harming others.

Traditional Understanding: HP is ALWAYS a good reason to interfere with liberty, moral paternalism is never a good reason to restrict liberty.

Standard Understanding: HP is the ONLY good reason to interfere with liberty.

Question 15

Explain: Justify PTM via Utilitarianism

Answer 15

BENTHAM: Everything should be assessed in terms of how well they promote happiness and quantity of pleasure they offer.

Thus if PTM offers more quantity of pleasure or promote happiness more than individual action or any other course of action. PTM is justified.

ISSUE: MILL - Liberty is qualitatively superior to other types of pleasure, and most important pleasure is autonomy. PTM can never promote personal happiness because top happiness comes from liberty (and drugs).