Against Autonomy

Against Autonomy
Author: Sarah Conly
Publisher: Cambridge University Press
Total Pages: 215
Release: 2013
Genre: Education
ISBN: 1107024846

Argues that laws that enforce what is good for the individual's well-being, or hinder what is bad, are morally justified.

Autonomy & Paternalism

Autonomy & Paternalism
Author: Thomas Nys
Publisher: Peeters Publishers
Total Pages: 196
Release: 2007
Genre: Autonomy (Psychology).
ISBN: 9789042918801

In recent years, the triumph of autonomy has made paternalist interventions increasingly problematic. The value of a patient's right to self-determination and the practice of informed consent are considered supremely important in present-day health care ethics. In general, the idea of 'doctor knows best' has become more and more suspicious. This has left us with a situation in which paternalist medicine seems difficult to reconcile with respect for patient autonomy. This book offers a thorough reflection on the relationship between autonomy and paternalism, and argues that, from both theoretical and practical angles, the tension between these concepts is not as acute as it might seem. In long-term care, psychiatry, and care for the severely handicapped, the principle of respect for autonomy is particularly ill-suited. This, however, does not mean that such respect is totally irrelevant, but that it should take a different shape. Good care in those cases requires us to transcend the sharp dichotomy between autonomy and paternalism. In Autonomy and Paternalism: Reflections on the Theory and Practice of Health Care various acclaimed authors present their views on this interesting and extremely relevant debate.

Autonomy and Intervention

Autonomy and Intervention
Author: John H. Kultgen
Publisher: Oxford University Press, USA
Total Pages: 277
Release: 1995
Genre: Family & Relationships
ISBN: 0195085310

This philosophical treatise explores the place of paternalism in caring for others. It provides guidelines for balancing respect for the recipients' autonomy with the good that can be provided by intervening in their lives.

Paternalism

Paternalism
Author: Christian Coons
Publisher: Cambridge University Press
Total Pages: 293
Release: 2013-02-14
Genre: Law
ISBN: 110702546X

Should the government influence or coerce us for our 'own good'? This volume discusses specific applications in policy and law.

New Perspectives on Paternalism and Health Care

New Perspectives on Paternalism and Health Care
Author: Thomas Schramme
Publisher: Springer
Total Pages: 298
Release: 2015-06-04
Genre: Philosophy
ISBN: 3319179608

This work sets the stage regarding debates about paternalism and health care for years to come. The anthology is organized around four parts: i) The concept of paternalism and theoretical issues regarding the idea of anti-paternalism, ii) strategies for justifying different forms of paternalism, iii) paternalism in psychiatry and psychotherapy, iv) paternalism and public health, and v) paternalism and reproductive medicine. Medical paternalism was arguably one of the main drivers of debates in medical ethics and has led to a wide acknowledgement of the value of patient autonomy. However, more recent developments in health care, such as the increasing significance of public health measures and the commercialization of medical services, have led to new social circumstances and hence to the need to rethink issues regarding paternalism. This work provides an invaluable source for many scholars and practitioners, since it deals in new and original ways with one of the main and oldest issue in health care ethics.​

Juxtaposing Autonomy and Paternalism in Private Law

Juxtaposing Autonomy and Paternalism in Private Law
Author: Anthony I Ogus
Publisher: Hart Publishing
Total Pages: 250
Release: 2011-07-11
Genre: Law
ISBN: 9781849461184

Selecting an appropriate balance in the law between autonomy and paternalism is an important and difficult task, requiring a careful consideration of moral, political and economic values. This collection deals with the task at both general and specific levels, locating itself within the broader context of the relationship between law and market forces. Concepts are defined and analysed, in particular the distinction between the coercive approach of 'hard paternalism' in the law, and the 'nudge' approach of 'soft paternalism'. Attention is then focused on how the tensions between the concepts are resolved in the law of contract, where deficient information and mistakes can justify an interventionist approach. Besides overviews of the issues within the general law of contract, and historical studies of the relevant principles in the common law and Roman law, the book also includes studies of specific areas, notably insurance contracts and consumer bankruptcy. The authors, from North America, the United Kingdom and continental Europe, include economists, sociologists and traditional legal scholars.

Paternalistic Intervention

Paternalistic Intervention
Author: Donald Vandeveer
Publisher: Princeton University Press
Total Pages: 466
Release: 2014-07-14
Genre: Philosophy
ISBN: 1400854067

Donald VanDeVeer probes the moral complexities of the question: under what conditions is it permissible to intervene invasively in the lives of competent persons--for example, by deception, force, or coercive threat--for their own good? In a work with broad significance for law, public policy, professional-client relations, and private interactions, he presents a theory of an autonomy-respecting" paternalism. Originally published in 1986. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

The Theory and Practice of Autonomy

The Theory and Practice of Autonomy
Author: Gerald Dworkin
Publisher: Cambridge University Press
Total Pages: 190
Release: 1988-08-26
Genre: Philosophy
ISBN: 1316583376

This important new book develops a new concept of autonomy. The notion of autonomy has emerged as central to contemporary moral and political philosophy, particularly in the area of applied ethics. professor Dworkin examines the nature and value of autonomy and uses the concept to analyse various practical moral issues such as proxy consent in the medical context, paternalism, and entrapment by law enforcement officials.

Government Paternalism

Government Paternalism
Author: Julian Le Grand
Publisher: Princeton University Press
Total Pages: 214
Release: 2015-01-25
Genre: Philosophy
ISBN: 0691164371

Should governments save people from themselves? Do governments have the right to influence citizens' behavior related to smoking tobacco, eating too much, not saving enough, drinking alcohol, or taking marijuana—or does this create a nanny state, leading to infantilization, demotivation, and breaches in individual autonomy? Looking at examples from both sides of the Atlantic and around the world, Government Paternalism examines the justifications for, and the prevalence of, government involvement and considers when intervention might or might not be acceptable. Building on developments in philosophy, behavioral economics, and psychology, Julian Le Grand and Bill New explore the roles, boundaries, and responsibilities of the government and its citizens. Le Grand and New investigate specific policy areas, including smoking, saving for pensions, and assisted suicide. They discuss legal restrictions on risky behavior, taxation of harmful activities, and subsidies for beneficial activities. And they pay particular attention to "nudge" or libertarian paternalist proposals that try to change the context in which individuals make decisions so that they make the right ones. Le Grand and New argue that individuals often display "reasoning failure": an inability to achieve the ends that they set themselves. Such instances are ideal for paternalistic interventions—for though such interventions might impinge on autonomy, the impact can be outweighed by an improvement in well-being. Government Paternalism rigorously considers whether the state should guide citizen decision making in positive ways and if so, how this should be achieved.

Autonomy, Consent and the Law

Autonomy, Consent and the Law
Author: Sheila A.M. McLean
Publisher: Routledge
Total Pages: 244
Release: 2009-09-10
Genre: Law
ISBN: 1135219052

The notion that consent based on the concept of autonomy, underpins a good or beneficent medical intervention is deeply rooted in the jurisprudence of most countries throughout the world. Autonomy, Consent and the Law examines these notions in the UK, Australia and the US, and critiques the way in which autonomy and consent are treated in bioethics and law.