{"title":"Paternalism at a Distance","authors":"Jonathan Turner","doi":"10.1007/s10982-023-09487-9","DOIUrl":null,"url":null,"abstract":"<p>I argue that the distance between state and citizen gives state paternalism a <i>pro tanto</i> advantage over paternalism between individuals. <i>Pace</i> Jonathan Quong, the state neither denies nor diminishes my moral status by acting on a justified negative judgment about my rational or volitional capacities. Nor does its failure to paternalize on the basis of detailed information about individuals constitute a source of disrespect. Rather, the <i>less</i> discriminating nature of general legislation both reduces the risk of social stigmatization and avoids a problematic dynamic with the paternalizee. But paternalistic policies may give us reason to be concerned about superiority or contempt in policy-makers towards the citizens at whom they are directed. Governments must remain ‘faceless’ enough for paternalism to operate at a distance, but they must reassure the governed that the judgment that they can do better for them does not conceal the attitude that they are better than them.</p>","PeriodicalId":51702,"journal":{"name":"Law and Philosophy","volume":null,"pages":null},"PeriodicalIF":0.8000,"publicationDate":"2024-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law and Philosophy","FirstCategoryId":"98","ListUrlMain":"https://doi.org/10.1007/s10982-023-09487-9","RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"ETHICS","Score":null,"Total":0}
引用次数: 0
Abstract
I argue that the distance between state and citizen gives state paternalism a pro tanto advantage over paternalism between individuals. Pace Jonathan Quong, the state neither denies nor diminishes my moral status by acting on a justified negative judgment about my rational or volitional capacities. Nor does its failure to paternalize on the basis of detailed information about individuals constitute a source of disrespect. Rather, the less discriminating nature of general legislation both reduces the risk of social stigmatization and avoids a problematic dynamic with the paternalizee. But paternalistic policies may give us reason to be concerned about superiority or contempt in policy-makers towards the citizens at whom they are directed. Governments must remain ‘faceless’ enough for paternalism to operate at a distance, but they must reassure the governed that the judgment that they can do better for them does not conceal the attitude that they are better than them.
期刊介绍:
Law and Philosophy is a forum for the publication of work in law and philosophy which is of common interest to members of the two disciplines of jurisprudence and legal philosophy. It is open to all approaches in both fields and to work in any of the major legal traditions - common law, civil law, or the socialist tradition. The editors of Law and Philosophy encourage papers which exhibit philosophical reflection on the law informed by a knowledge of the law, and legal analysis informed by philosophical methods and principles.