Difference between revisions of "Course:Law3020/2014WT1/Group C/Liberty & Paternalism"
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Bullockj13 (talk | contribs) (Created page with "== Liberty and Paternalism == Liberalism is concerned with determining when and why the law should interfere with individual liberty. This theory is headed by the thoughts of...") |
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== Liberty and Paternalism == | == Liberty and Paternalism == | ||
| + | Liberty and paternalism depart from previous legal theories and is concerned with the justification of when and why law should interfere with individual liberty. These theories have a presumption in favour of liberty, and any interference by the state on that liberty must be justified. | ||
| − | + | There are several valid justifications for law’s restriction of liberty: | |
| + | # The Harm Principle | ||
| + | * The harm principle allows the restriction of individual liberty by law if it promotes the prevention of serious harm towards others in society. | ||
| + | # Paternalism | ||
| + | * Paternalism allows for the restriction of individual liberty by law if it protects others from harm through the exercise of that individual’s liberty. | ||
| + | # Legal Moralism | ||
| + | * Legal Moralism allows the restriction of individual liberty by law is where the individual’s actions undermine societal morals and values. | ||
| + | # The Offence Principle | ||
| + | * The offence principle allows for the restriction of individual liberty by law if it ensures that the sensibilities of others are not unduly offended. | ||
| − | + | === John Stuart Mill and Liberty === | |
| − | + | Liberalism is concerned with determining when and why the law should interfere with individual liberty. This theory is headed by the thoughts of John Stuart Mill. | |
'''Harm Principal''' | '''Harm Principal''' | ||
| Line 16: | Line 25: | ||
=== Gerald Dworkin and Paternalism === | === Gerald Dworkin and Paternalism === | ||
| + | |||
| + | Paternalism challenges liberalism and argues that there may be situations in which interference with individual liberty is justified. This theory is headed by the thoughts of Gerald Dworkin. | ||
=== Criticisms of Liberty and Paternalism === | === Criticisms of Liberty and Paternalism === | ||
=== Liberty and Paternalism Applied to ''Moore v. British Columbia (Education)'' === | === Liberty and Paternalism Applied to ''Moore v. British Columbia (Education)'' === | ||
Revision as of 10:15, 24 March 2014
Liberty and Paternalism
Liberty and paternalism depart from previous legal theories and is concerned with the justification of when and why law should interfere with individual liberty. These theories have a presumption in favour of liberty, and any interference by the state on that liberty must be justified.
There are several valid justifications for law’s restriction of liberty:
- The Harm Principle
- The harm principle allows the restriction of individual liberty by law if it promotes the prevention of serious harm towards others in society.
- Paternalism
- Paternalism allows for the restriction of individual liberty by law if it protects others from harm through the exercise of that individual’s liberty.
- Legal Moralism
- Legal Moralism allows the restriction of individual liberty by law is where the individual’s actions undermine societal morals and values.
- The Offence Principle
- The offence principle allows for the restriction of individual liberty by law if it ensures that the sensibilities of others are not unduly offended.
John Stuart Mill and Liberty
Liberalism is concerned with determining when and why the law should interfere with individual liberty. This theory is headed by the thoughts of John Stuart Mill.
Harm Principal
Tyranny of the Majority
Limits on Liberty
Exceptions to the Rule of Liberty
Gerald Dworkin and Paternalism
Paternalism challenges liberalism and argues that there may be situations in which interference with individual liberty is justified. This theory is headed by the thoughts of Gerald Dworkin.