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1

Coons, Christian, and Michael Weber, eds. Paternalism. Cambridge: Cambridge University Press, 2013. http://dx.doi.org/10.1017/cbo9781139179003.

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Ahlstrom-Vij, Kristoffer. Epistemic Paternalism. London: Palgrave Macmillan UK, 2013. http://dx.doi.org/10.1057/9781137313171.

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Barnett, Michael N., ed. Paternalism beyond Borders. Cambridge: Cambridge University Press, 2016. http://dx.doi.org/10.1017/9781316799956.

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Lawes, Kim. Paternalism and Politics. London: Palgrave Macmillan UK, 2000. http://dx.doi.org/10.1057/9781403919618.

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5

1949-, Smith John David, ed. Racist southern paternalism. New York: Garland Pub., 1993.

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6

Glaeser, Edward L. Paternalism and psychology. Cambridge, MA: National Bureau of Economic Research, 2005.

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7

Lawes, Kim. Paternalism and politics: The revival of paternalism in early nineteenth-century Britain. New York: St. Martin's Press, 2000.

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8

Cserne, Péter. Freedom of Contract and Paternalism. New York: Palgrave Macmillan US, 2012. http://dx.doi.org/10.1057/9781137000323.

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9

Clark, Chris L. Paternalism and citizenship in communitycare. Edinburgh: University of Edinburgh, Dept. of Social Work, 1996.

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10

VanDeVeer, Donald. Paternalisticintervention: The moral bounds on benevolence. Princeton: Princeton University Press, 1986.

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11

Chaloemtiarana, Thak. Thailand: The politics of despotic paternalism. Ithaca, NY: Southeast Asia Program Publications, Southeast Asia Program, Cornell University, 2007.

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12

Müller, Holger M. Family fims, paternalism, and labor relations. Cambridge, Mass: National Bureau of Economic Research, 2006.

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13

Cadigan, Sean Thomas. Paternalism in upper Canada, 1800-1841. Ottawa, Ontario: National LIbrary of Canada, 1987.

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14

Chaloemtiarana, Thak. Thailand, the politics of despotic paternalism. Ithaca, N.Y: Southeast Asia Program Publications, Southeast Asia Program, Cornell University, 2007.

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15

Jesurun-Clements, Nancy. Paternalism and the alleviation of poverty. Washington, DC (1818 H St., N.W., Washington 20433): Country Dept. II, Latin America and the Caribbean Regional Office, World Bank, 1992.

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16

Bonin, Hubert, and Paul Thomes, eds. Old Paternalism, New Paternalism, Post-Paternalism. Peter Lang B, 2013. http://dx.doi.org/10.3726/978-3-0352-6349-7.

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17

Hanna, Jason. Soft Paternalism I. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190877132.003.0006.

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This chapter begins a critical examination of the distinction between hard and soft paternalism. As the hard/soft distinction is typically drawn, hard paternalism involves intervention in voluntary self-regarding choices, while soft paternalism involves intervention in nonvoluntary self-regarding choices. This chapter focuses on the ignorance exception, according to which it is easier to justify intervention in ill-informed choices than in otherwise comparable but informed choices. The central argument is that the ignorance exception faces serious difficulties when applied to decision-makers who are responsible for their own ignorance. It is also argued that this problem may have its source in anti-paternalists’ failure to distinguish the claim that one has voluntarily assumed a risk from the claim that one has voluntarily brought about a certain outcome. If the ignorance exception cannot be adequately defended, the chapter concludes, most anti-paternalist views will have unsettling implications.
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18

Cullity, Garrett. Paternalism. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198807841.003.0010.

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Someone who treats you paternalistically restricts your self-expression in order to promote your welfare. The simplest kind of pluralist theory treats this as a case in which competing reasons of respect and concern must be balanced. This chapter presents a more nuanced view. We have a right to self-determination, but this right is not basic: its derivational sources include reasons of concern and respect; and it is by reference to those more fundamental reasons that we can explain what that right does and does not protect. Moreover, the right to self-determination has a context-undermining function. Although there can be reasons for infringing it, the welfare of the right-bearer is not a reason for doing so.
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19

Midtgaard, Søren Flinch. Paternalism. Oxford University Press, 2016. http://dx.doi.org/10.1093/acrefore/9780190228637.013.201.

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In the standard view, A acts paternalistically toward B if and only if: (i) A restricts B’s liberty, (ii) A acts against B’s will, (iii) A acts for B’s own good. For example, the state may tax or prohibit smoking in the interest of citizens’ health in circumstances in which such measures are resisted by them or some of them. Telling counterexamples have been produced to each of these conditions. In the revised view, A acts paternalistically toward B if and only if: (i) A acts so as to influence B by the use of means other than rational persuasion; (ii) A does not regard B’s will as structurally decisive (i.e., A takes the prevention of voluntary self-regarding harm to constitute a reason for influencing B); (iii) A does so for B’s good or to affect matters within B’s legitimate sphere of control; (iv) A’s act cannot be justified without counting its beneficial effects on B in its favor. The wrongness of paternalism lies in the way in which a paternalistic act by A toward B infringes B’s autonomy: A does not consider B’s will authoritative in determining how A should treat B in B’s self-regarding matters―A subjects B’s will to his in this sense. Hard paternalism as thus understood should be distinguished from soft paternalism or anti-paternalism. According to the latter, the prevention of voluntary self-regarding harm is never a good reason for interference. The latter is justifiable only to prevent involuntary self-regarding harm―harm pertaining to acts that are not his or do not represent his values or preferences. Hard paternalism may, pace what soft paternalism or anti-paternalism claims, sometimes be justifiable. This is particularly so when the voluntary self-regarding harm involved is significant and the infringement of liberty required to prevent it limited or acceptable given the harm at stake. The question of when a good or an advantage is profound and when an infringement of liberty is limited is, however, difficult and worthy of further investigation. Paternalistic justifications should be distinguished from other liberty-limiting principles. That is, they should, first, be distinguished from moral paternalism focusing on improving the person’s moral character and hence his moral well-being or on making the person better (as opposed to the improvement of the person’s physical and psychological condition focused on by ordinary or welfare paternalism). Second, it should be distinguished from legal moralism concerned with barring conduct that is intrinsically morally bad (that is, bad for reasons independent of how it affects people’s character or their physical or psychological condition).
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20

Paternalism. Lang GmbH, Internationaler Verlag der Wissenschaften, Peter, 2015.

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21

Old Paternalism, New Paternalism, Post-Paternalism : (19th - 21st Centuries). Lang GmbH, Internationaler Verlag der Wissenschaften, Peter, 2013.

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22

Old Paternalism, New Paternalism, Post Paternalism: 19th-21st Centuries. Belgium: P.I.E. Peter lang, 2013.

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23

Bonin, Hubert, and Paul Thomes. Old Paternalism, New Paternalism, Post-Paternalism : (19th-21st Centuries). Lang AG International Academic Publishers, Peter, 2014.

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24

Old Paternalism, New Paternalism, Post-Paternalism: (19th - 21st Centuries). Lang Publishing, Incorporated, Peter, 2013.

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25

Hanna, Jason. Pro-Paternalism. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190877132.003.0001.

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The central aim of this chapter is to set out the pro-paternalist view defended in the remainder of the book. According to pro-paternalism, it is always a valid reason in favor of intervening in someone’s affairs that doing so would advance some of her interests, and such intervention is justified when, all things considered, it would serve the target’s best interest without wronging anyone else. This view is contrasted with its anti-paternalist competitors. The contrast between these views suggests that the debate over paternalism is most fundamentally a debate about the weight and availability of a certain sort of rationale for intervention. Having clarified the terms of the debate over paternalism, the chapter concludes by distinguishing among several different types of intervention and briefly outlining the chapters to follow.
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26

Hanna, Jason. Soft Paternalism II. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190877132.003.0007.

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This chapter continues the examination of the hard paternalism/soft paternalism distinction begun in chapter 6. It focuses on the impairment exception. According to the impairment exception, it is easier to justify intervention in imprudent and impaired choices, such as those affected by temporary emotional distress, than it is to justify intervention in comparably imprudent but unimpaired self-regarding choices. In order to defend this view, one must offer an account of impairment that yields intuitively plausible implications about cases, and one must also show that this account of impairment is morally relevant. It is argued that soft paternalists have failed to complete either of these tasks. The chapter focuses on Joel Feinberg’s notion of voluntariness and on attempts to defend the hard/soft distinction by appeal to some notion of instrumental rationality. It concludes that the hard/soft distinction, and the many anti-paternalist views that rely on it, ought to be rejected.
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27

Husak, Douglas N. Legal Paternalism. Edited by Hugh LaFollette. Oxford University Press, 2009. http://dx.doi.org/10.1093/oxfordhb/9780199284238.003.0016.

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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.
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28

New, Bill, Julian Le Grand, and Grand Le. Government Paternalism. Princeton University Press, 2015.

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29

Epistemic Paternalism. Palgrave Macmillan, 2013.

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30

Kronke, Christoph. Governmental Paternalism. Nomos Verlagsgesellschaft, 2018.

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31

Bullock, Emma. Moral Paternalism and Neurointerventions. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198758617.003.0009.

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A natural approach to justifying the coercive administration of morally enhancing neurointerventions is to appeal to a principle of moral paternalism. This chapter outlines the factors that need to be taken into account in order for a principle of moral paternalism to morally justify coercively administering neurointerventions. First, the author argues that the moral paternalist must take special care to ensure that the interventions will improve moral character. Second, she outlines the potential costs that the moral paternalist needs to address before a moral paternalistic interference is justified. The author argues that whilst the moral paternalistic administration of a neurointervention may have more kinds of cost to consider than other forms of moral paternalistic interference, this does not mean that such interventions cannot be justified under the principle.
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32

Straube, Christian. After Corporate Paternalism. Berghahn Books, 2022. http://dx.doi.org/10.1515/9781800731349.

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33

Barnett, Michael N. Paternalism Beyond Borders. Cambridge University Press, 2016.

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34

Claeys, Gregory. Mill and Paternalism. Cambridge University Press, 2017.

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35

Mill and Paternalism. Cambridge University Press, 2013.

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36

Menace of Paternalism. Creative Media Partners, LLC, 2022.

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37

Claeys, Gregory. Mill and Paternalism. Cambridge University Press, 2013.

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38

Claeys, Gregory. Mill and Paternalism. Cambridge University Press, 2013.

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39

Barnett, Michael N. Paternalism Beyond Borders. Cambridge University Press, 2016.

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40

Barnett, Michael N. Paternalism Beyond Borders. Cambridge University Press, 2016.

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41

Kahn, Otto H. Menace of Paternalism. Creative Media Partners, LLC, 2018.

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42

Paternalism Beyond Borders. Cambridge University Press, 2016.

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43

Hanna, Jason. Paternalism and Moderate Deontology. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190877132.003.0005.

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This chapter attempts to situate pro-paternalism within a moderate deontological moral theory. According to moderate deontologists such as Judith Jarvis Thomson, moral rights have thresholds beyond which they can be permissibly infringed. According to one plausible way of developing this view, a right has a threshold of zero when its infringement would benefit the right-bearer. If so, then beneficial paternalistic intervention may be permissible even if it infringes rights. After developing this argument, the chapter considers several possible anti-paternalist replies, including the suggestion that rights thresholds are sensitive to the value of autonomy. It is argued that each reply either has implausible implications or is unlikely to support common anti-paternalist judgments about cases.
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44

Michael, Weber, and Christian Coons. Paternalism: Theory and Practice. Cambridge University Press, 2013.

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45

Otteson, James R. Adam Smith’s Libertarian Paternalism. Edited by David Schmidtz and Carmen E. Pavel. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199989423.013.5.

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Richard Thaler and Cass Sunstein argue for “libertarian paternalism,” defined as the strategy to devise policy that will “maintain or increase freedom of choice” and at the same time “influence people’s behavior in order to make their lives longer, healthier, and better”. These two goals are often in conflict, and striking the right balance between them has proved difficult in both theory and practice. Where does Adam Smith fall in this debate? This chapter argues that Smith developed his own version of “libertarian paternalism.” It differs in important ways from that of Thaler and Sunstein, but it shares with them an attempt to balance respect for individual autonomy with a desire to help people lead better lives. Smith’s position accommodates the importance of both liberty and paternalism in enabling individuals to construct lives worth living, while avoiding some of the problems that have beset more recent versions of libertarian paternalism.
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46

Flanigan, Jessica. Paternalism and Public Health. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190684549.003.0002.

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Since medical paternalism is wrong in the clinical context, it should be rejected in public policy as well. But even if paternalistic public health policies were permissible, it is not clear that prohibitive pharmaceutical regulations are necessary to promote public health. Prohibitions could undermine health in some cases, for example, if prescription requirements make patients more deferential to physicians and tolerant of medical risks. Premarket testing requirements cause people to suffer and die waiting for new drugs to get approved, and they discourage new drug development. This is not to say that regulation serves no purpose. Pharmaceutical regulators provide a valuable pubic good by overseeing testing for new drugs and by certifying drugs that they deem generally safe and effective. But the benefits of regulation do not require that the regulations be prohibitive, and prohibitive regulations not only violate patients’ rights, they may also cost lives.
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47

Hayry, Heta. Limits of Medical Paternalism. Taylor & Francis Group, 1991.

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48

Hyry, Heta. Limits of Medical Paternalism. Taylor & Francis Group, 2014.

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49

H¨ayry, Heta. Limits of Medical Paternalism. Routledge, 1991.

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50

Häyry, Heta. Limits of Medical Paternalism. Taylor & Francis Group, 2002.

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