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Giving prominence for the first time to Mill's abiding concern with Malthusianism and its impact on his key arguments respecting liberty, Mill and Paternalism explores Mill's strong commitment to population control, popular education, feminism and the leading role of intellectual elites, alongside his overarching interests in both liberty and equality.
Paternalism was first published in 1984. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions. Over a hundred years of controversy have established that the antipaternalistic principle so passionately argued by Mill in On Liberty is anything but simple. There are difficulties in interpreting the principle, in reconciling it with Mill's general utilitarian position, and defending it under any particular interpretation. The fourteen essays collected in Paternalism represent the shape philosophical discussions have taken in the past decade and include the classical contemporary statements as well as important new work. This book will provide philosophers, policymakers, doctors, lawyers, and students with all the major arguments that are part of the current controversy.
John Stuart Mill's On Liberty (1860) continues to shape modern Western conceptions of individual freedom. Designed with political philosophy and philosophy of law courses in mind, this collection of essays by leading Mill scholars is an ideal introduction to On Liberty. Selected for their importance and accessibility, the essays make clear the continued relevance of Mill's work to contemporary struggles to protect individual rights without harming others. The collection is also useful for courses devoted to Mill at either the undergraduate or graduate level.
The second volume in Joel Feinberg's series The Moral Limits of the Criminal Law, Offense to Others focuses on the "offense principle," which maintains that preventing shock, disgust, or revulsion is always a morally relevant reason for legal prohibitions. Feinberg clarifies the concept of an "offended mental state" and further contrasts the concept of offense with harm. He also considers the law of nuisance as a model for statutes creating "morals offenses," showing its inadequacy as a model for understanding "profound offenses," and discusses such issues as obscene words and social policy, pornography and the Constitution, and the differences between minor and profound offenses.
Many discussions of J. S. Mill's concept of liberty focus too narrowly on On Liberty and fail to acknowledge that his treatment of related issues elsewhere may modify its leading doctrines. Mill and Paternalism demonstrates how a contextual reading suggests that in Principles of Political Economy, and also his writings on Ireland, India and on domestic issues like land reform, Mill proposed a substantially more interventionist account of the state than On Liberty seems to imply. This helps to explain Mill's sympathies for socialism after 1848, as well as his Malthusianism and feminism, which, in conjunction with Harriet Taylor's views, are central to his later discussions of the family and marriage. Feminism, indeed, is shown to provide the answer to the problem which most agitated Mill, overpopulation. Thus Gregory Claeys sheds new lights on many of Mill's overarching preoccupations, including the theory of liberty at the heart of On Liberty.
This volume of essays covers the whole range of problems raised in and by Mill's On Liberty, including the concept of liberty, the toleration of diversity, freedom of expression, the value of allowing 'experiments in living', the basis of individual liberty, multiculturalism and the claims of minority cultural groups.
Law, Liberty, and Morality by H. L. A. Hart,Herbert Lionel Adolphus Hart Pdf
This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share.
Is it allowable for your government, or anyone else, to influence or coerce you 'for your own sake'? This is a question about paternalism, or interference with a person's liberty or autonomy with the intention of promoting their good or averting harm, which has created considerable controversy at least since John Stuart Mill's On Liberty. Mill famously decried paternalism of any kind, whether carried out by private individuals or the state. In this volume of new essays, leading moral, political and legal philosophers address how to define paternalism, its justification, and the implications for public policy, professional ethics and criminal law. So-called 'libertarian' or non-coercive paternalism receives considerable attention. The discussion addresses the nature of freedom and autonomy and the relation of individuals to law, policy and the state. The volume will interest a wide range of readers in political philosophy, public policy and the philosophy of law.
""Public Bioethics collects the most influential essays and articles of James F. Childress, a leading figure in the field of contemporary bioethics. These essays, including new, previously unpublished material, cohere around the idea of "public bioethics," which involves analyzing and assessing public policies in biomedicine, health care, and public health, often through public deliberative bodies. The volume is divided into four sections. The first concentrates on the principle of respect for autonomy and paternalistic policies and practices. The second explores the tension among bioethics, public policy, and religious convictions. It pays particular attention to the role of religious convictions in the formation of public policies and to the basis and limits of exemptions of health care providers who conscientiously oppose providing certain legal and patient-sought services. The third section looks at practices and policies related to organ transplantation. Childress focuses particularly on determining death, obtaining first-person consent for deceased organ donation, and allocating donated organs effectively and fairly. The book's fourth and final section maps the broad terrain of public health ethics, proposes a triage framework for the use of resources in public health crises, addresses public health interventions that potentially infringe civil liberties, and sheds light on John Stuart Mill's misunderstood legacy for public health ethics."--Provided by publisher.