The Theories of Paternalism and Criteria for Justification : Focusing on 'Autonomy-Respecting Paternalism'

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  • パターナリズムの概念とその正当化基準 : 『自律を尊重するパターナリズム』に着目して
  • パターナリズム ノ ガイネン ト ソノ セイトウカ キジュン ジリツ オ ソンチョウスル パターナリズム ニ チャクモクシテ

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This paper focuses on 'Paternalism' which has been negatively interpreted in the social welfare context. I classified the criteria for justification of paternalism into five categories through a review of previous studies and theories. The most remarkable criterion was 'Autonomy-Respecting Paternalism' which has been discussed in the aspect of autonomy for recipients of paternalistic interventions. According to this criterion, interferers can avoid oppressive interventions and develop the autonomy of the interfered recipients. Therefore it can be adapted to the social welfare paradigm. Although justified paternalistic interventions have been discussed in many studies, the meanings of paternalism are not fully understood in our society. The negative aspects of paternalism can be summarized as three meanings. Moreover I revealed the difference between the necessity and the criticism for paternalism. However 'Autonomy-Respecting Paternalism' can not be justified, because the theory of autonomy has diverse meanings and value judgments. In conclusion, the criterion of' Autonomy-Respecting Paternalism' is likely to be abused oppresssively by interferers under the name of autonomy-respecting.

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