An argument discussing the inconsistency and illogical nature of the paternalistic legislation in American law.
Written in 2008; 1,538 words; 2 sources; APA; $ 50.95
Paper Summary:
This paper discusses the paternalistic legislation that exists throughout American law. The paper discusses the inconsistent logic of these laws and argues that there is no possible justification for paternalistic regulation that is subjective in its focus, permitting certain activities while prohibiting others that are indistinguishable in their relative (or potential) harm, under penalty of law.
Table of Contents:
Introduction - Government Paternalism
The Inconsistent Logic of American Paternalistic Legislation
The Solution - Logical Consistency in Paternalistic legislation
From the Paper:
"There is no doubt that government has a duty to protect citizens from the direct harm associated with other peoples' choices. Criminalizing the dangerous practice of driving under the influence of alcohol and drugs is not paternalistic, but for the practical benefit and safety of others.. What is more arguable is whether criminal law should address private behavior that does not directly threaten others, but which does, in effect, harm society indirectly. When a motorcyclist sustains serious cranial injury because he chooses not to wear a helmet, or where chronic smokers and alcoholics raise the medical insurance premiums of non-smokers and non-drinkers, their choices harm the rest of us, even if only indirectly, through our pocket books (Dershowitz, p.124)."
"The solution to this problem of illogical paternalistic legislation in American law does not even require a decision on where to draw the line between what risks are too indirect to regulate and what risks cause indirect harm that justifies their regulation even though they are conducted entirely in private. All that is required is a logical application of law that treats similar risks the same, rather than the illogical application of law that treats identical risks so differently that one is promoted publicly while the other is subject to punishment as a felony."
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