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New Zealand is one of two OECD countries in the world where direct-to-consumer advertising of prescription medicine (DTCA-PM) is permitted. Increase in such activity in recent years has ... This paper will examine if banning DTCA-PM would constitute a justified form of paternalism in the context of today's New Zealand...
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In the preeminent scholarly legal treatise on paternalism, The Moral Limits of the Criminal Law: Harm to Self, Joel Feinberg argues that hard paternalism is never justified because it is superfluous; all reasonable restriction of self-regarding conduct can be justified on (more palatable) soft paternalistic grounds.
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Soft paternalism - Wikipedia, the free encyclopedia
Soft Paternalism , also referred to as asymmetrical paternalism and libertarian paternalism , is a political philosophy that believes the state can “help you make the choices you would make for y...
en.wikipedia.org/wiki/Soft_paternalism |
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Paternalism - Wikipedia, the free encyclopedia
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IS ANY LEGAL PATERNALISM JUSTIFIED? ... Explicit Voluntary Endorsement Standard For Justified Paternalism (Strict Libertarian Standard): Paternalism is never justified, unless the target of the paternalistic interference has previously given her explicit, voluntary consent to it. ...
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This formulation of the soft paternalist position is meant to safe-guard autonomy by requiring that the only situations in which paternalism is justified are those in which the subject of the intervention is already failing to act in an autonomous way.
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Perhaps paternalism by legislators over young children and incompetent adults is as justified as paternalism over the same individuals by their parents. If so, then we must decide who is "young" and who is "incompetent" for the purposes of law.
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