Δίκαιο και ηθική Πατερναλισμός Law and ethics Paternalism
Πάντειο Πανεπιστήμιο Κοινωνικών και Πολιτικών Επιστημών
The subject of this paper is an analysis of paternalism in law. The term“paternalism” is used to characterize the interference of a state or an individual withanother person, against their will, and defended or motivated by a claim that theperson interfered with will be better off or protected from harm. The question ofpaternalism is one that arises in many different areas of our personal and public life.Perhaps the most important is: what powers it is legitimate for a state, operating bothcoercively and in terms of incentives, to possess. It also raises questions about theproper ways in which we should think about individual autonomy and its limits.What is it to respect the personhood of others? What is the trade-off, if any, betweenregard for the welfare of another and respect for their right to make their owndecisions? In this paper it is given some particular analysis of paternalism and thebasic terminology. The analysis of paternalism also involves the following elements,the harm principle, the autonomy and the rational choice theory in order to determinethe exact boundaries of paternalism. Moreover, paternalism is being distinguishedfrom other ideas used to justify interference with persons, in particular from moralpaternalism and enemy criminal law. Finally, this paper discusses some issuesconcerning the legitimacy of paternalism by the state and tries to give an answer to thequestion if it is justified to impose penalties with paternalistic motives, in a case ofself-assertion and in a case that the accused person consents to self-assertion with theparticipation of a third party.
Διπλωματική εργασία - Πάντειο Πανεπιστήμιο. Γενικό Τμήμα Δικαίου, ΠΜΣ "Δίκαιο και Ευρωπαϊκή Ενοποίηση", κατεύθυνση Ποινικό Δίκαιο και Θεωρία του Δικαίου, 2010