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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Autonomy and Paternalism

Phipps-Morgan, Ilona K. 20 April 2012 (has links)
I wish to determine when one is justified in paternalistic interferences that override a subject’s autonomy. In order to lay the groundwork for discussing paternalistic interferences with autonomous decisions, I first consider different conceptions of autonomy, welfare, and paternalism, and determine which I mean to use. In particular, I proceed with Dworkin’s characterization of autonomy as a combination of authenticity and self-determination; Nussbaum’s capabilities theory in order to determine welfare; and a definition of paternalism as being an interference with a subject’s liberty or autonomy that is motivated exclusively by consideration for that subject’s own good or welfare. Once I have working definitions for autonomy, welfare, and paternalism, I consider arguments justifying paternalistic interferences. Because I especially wish to determine when paternalistic interferences that conflict with a subject’s autonomous decision are justified, I begin with Scoccia’s arguments for using hypothetical consent — which is based on what would maximize the subject’s welfare — to justify paternalistic acts. Using Scoccia’s argument, I consider a few cases in which concerns for welfare may justify paternalistic acts overriding the subject’s autonomy. However, hypothetical consent does not go very far in justifying paternalistic acts. Therefore, I also consider arguments justifying paternalism in cases where the subject is not necessarily fully autonomous when making or acting upon a decision. For example, Carter argues that paternalistic acts are justified if autonomy has been waived through prior or subsequent consent. Additionally, I look at justifying paternalism when the subject’s autonomy is compromised through involuntariness or incompetence.

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