Unified Paternalism

Paper Summary:

In this article, the writer explains that government paternalism refers to the governmental exercise of legislative or regulatory authority over the individual for his benefit rather than for the benefit of others in society. The writer notes that in the United States, paternalistic legislation currently regulates certain aspects of the manufacture, sale, and distribution of alcoholic beverages, and completely prohibits recreational drug use. This writer discusses that a strictly paternalistic approach to regulating conduct would prohibit use, even in private, to protect the individual from the harms of his own vices. The writer then points out that a less paternalistic approach would permit the private indulgence of virtually any substance of choice, regulating only the resulting behavior that affects others. The writer concludes that either position is defensible for different reasons, provided that it is applied equally in a manner appropriate to the actual risks at issue.

From the Paper:

"In the United States, paternalistic legislation currently regulates certain aspects of the manufacture, sale, and distribution of alcoholic beverages, and completely prohibits recreational drug use. To those opposed to paternalism in principle, private adult use of all three are not rightfully the subject of prohibition by law. However, even many of those who appreciate the need for some degree of paternalistic regulation object to the arbitrary nature of the legal status of certain equivalent conduct that permits some vices that do not affect others in society while imposing serious legal consequences on other conduct that is indistinguishable in degree of harm. "

Sample of Sources Used:

• Brecher, E.M. (1972) Licit and Illicit Drugs: The Consumers Union Report. Boston: Little, Brown & Co.
• Dershowitz, A. (2002) Shouting Fire: Civil Liberties in a Turbulent Age New York: Little Brown & Co.
• Let Judges Be Judges: Mandatory Sentencing Laws Deny Judicial Branch's Discretion; Syracuse Post-Standard. Jul 10/03
• Miller, A.R. (1983) Miller's Court. New York: Houghton-Mifflin
• Taylor, R. (1982) Freedom, Anarchy, and the Law: An Introduction to Political Philosphy. Buffalo: Prometheus

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