Chapter

Voluntariness and Assumptions of Risk

Joel Feinberg

in The Moral Limits of the Criminal Law Volume 3: Harm to Self

Published in print August 1989 | ISBN: 9780195059236
Published online November 2003 | e-ISBN: 9780199869473 | DOI: http://dx.doi.org/10.1093/0195059239.003.0004
Voluntariness and Assumptions of Risk

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Feinberg deals with the problem of reconciling our repugnance for legal paternalism with the seeming reasonableness of some apparently paternalistic regulations. One way of accounting for the reasonableness of apparently paternalistic restrictions is to apply a “soft paternalistic strategy” to show that there is a rationale for protective interference that gives decisive significance to respecting autonomy. The reasonableness of the restriction consists in the protection it provides the actor from dangerous choices that are not truly his own.

Keywords: paternalism; risk; voluntariness

Chapter.  20771 words.  Illustrated.

Subjects: Moral Philosophy

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