The essay is a critical analysis
Added on 2022-08-27
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Political Science
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Running Head: JURISPRUDENCE
JURISPRUDENCE
Name of the Student
Name of the University
Author’s Note
JURISPRUDENCE
Name of the Student
Name of the University
Author’s Note
1JURISPRUDENCE
The paternalistic policy means a system in which the authority undertakes to tend to the
needs of the individuals or regulation of the conduct of individuals including the relation of the
individuals with that of the authority1. However, with respect to the public policy, paternalism
relates to the government or the state interference in the affairs of a person without their wilfull
consent and the interference shall be defended or motivated by the claim that the interference is
made so for the protection of the person interfered from the harm2. In other words, it is an action
which limits the person or group’s liberty in order to promote their own interest3. The aim of the
essay is to bring out the essence of paternalism in the context of public policy and establish
whether the enactment of a law stating the mandate of all bars, restaurants and pubs to close at
10 pm, is a paternalistic policy. The essay further aims to justify whether work can be more
valued than entertainment. The essay is a critical analysis of the legislation passed by the
government with respect to its paternalism and goals.
There are three types of paternalistic policy4. Firstly being the Soft paternalism and Hard
paternalism where in the former explains that the paternalism is acceptable when the action to be
committed is involuntary5. The pioneer of soft paternalism is John Stuart Mill who explains soft
paternalism as the form of extreme interference in order to prevent the person from an
involuntary harm6. However, the hard paternalism is explained as the entitlement to interfere into
the affairs of the person or the group7. Secondly being the Pure and Impure paternalism wherein
1 Roberts, David. Paternalism in Early Victorian England. Routledge, 2016.
2 Dimock, Susan. "Paternalism." Classic Readings and Cases in the Philosophy of Law. Routledge, 2016.
408-417.
3 Scoccia, Danny. "The concept of paternalism." The Routledge Handbook of the Philosophy of
Paternalism. Routledge, 2018. 11-23.
4 Bengtson, Andreas. "On the Possibility of Paternalism towards Future People." (2019).
5 Kirchgässner, Gebhard. "Soft paternalism, merit goods, and normative individualism." European Journal
of Law and Economics 43.1 (2017): 125-152.
6 Schnellenbach, Jan. "A constitutional economics perspective on soft paternalism." Kyklos 69.1
(2016): 135-156.
7 Hanna, Jason. "Hard and soft paternalism." The Routledge Handbook of the Philosophy of Paternalism.
Routledge, 2018. 24-34.
The paternalistic policy means a system in which the authority undertakes to tend to the
needs of the individuals or regulation of the conduct of individuals including the relation of the
individuals with that of the authority1. However, with respect to the public policy, paternalism
relates to the government or the state interference in the affairs of a person without their wilfull
consent and the interference shall be defended or motivated by the claim that the interference is
made so for the protection of the person interfered from the harm2. In other words, it is an action
which limits the person or group’s liberty in order to promote their own interest3. The aim of the
essay is to bring out the essence of paternalism in the context of public policy and establish
whether the enactment of a law stating the mandate of all bars, restaurants and pubs to close at
10 pm, is a paternalistic policy. The essay further aims to justify whether work can be more
valued than entertainment. The essay is a critical analysis of the legislation passed by the
government with respect to its paternalism and goals.
There are three types of paternalistic policy4. Firstly being the Soft paternalism and Hard
paternalism where in the former explains that the paternalism is acceptable when the action to be
committed is involuntary5. The pioneer of soft paternalism is John Stuart Mill who explains soft
paternalism as the form of extreme interference in order to prevent the person from an
involuntary harm6. However, the hard paternalism is explained as the entitlement to interfere into
the affairs of the person or the group7. Secondly being the Pure and Impure paternalism wherein
1 Roberts, David. Paternalism in Early Victorian England. Routledge, 2016.
2 Dimock, Susan. "Paternalism." Classic Readings and Cases in the Philosophy of Law. Routledge, 2016.
408-417.
3 Scoccia, Danny. "The concept of paternalism." The Routledge Handbook of the Philosophy of
Paternalism. Routledge, 2018. 11-23.
4 Bengtson, Andreas. "On the Possibility of Paternalism towards Future People." (2019).
5 Kirchgässner, Gebhard. "Soft paternalism, merit goods, and normative individualism." European Journal
of Law and Economics 43.1 (2017): 125-152.
6 Schnellenbach, Jan. "A constitutional economics perspective on soft paternalism." Kyklos 69.1
(2016): 135-156.
7 Hanna, Jason. "Hard and soft paternalism." The Routledge Handbook of the Philosophy of Paternalism.
Routledge, 2018. 24-34.
2JURISPRUDENCE
it can be explained that the former is explained as the person whose liberty has been taken away
are the ones who are being protected from the harm whereas the later comes into force when the
class of people whose liberty is violated by some means and such means are wider than the
group of person who are protected. Thirdly being the Moral and Welfare paternalism wherein
while one can be explained as the promotion of moral well-being of the person or the group
irrespective of the fact whether or not the welfare of the person could be improved. On the
contrary, the other can be explained as the welfare well being of the person is more important.
The moral paternalism argues to protect the ethical grounds of an act whereas the welfare
paternalism contends to protect the welfare well-being of the person ignoring the ethical grounds
of the person.
Thomas Pogge has argued that the elements for the establishment of a policy as a
paternalistic policy shall not be based on minimum grounds. However, as a general aspect, there
are three elements to establish a policy as a paternalistic policy8.
The policy should relate to the human liberty with respect to the basic freedom involving
varied subjects of religious and social backgrounds.
The policy should be such that it should be minimally inteerfering with the liberty of the
person or the group of persons.
The policy should not be exhaustive as a result of which the socities shall not have the
freedom for modification of the policy based on their needs.
8 Kleinig, John. "Paternalism and Human Dignity." Criminal Law and Philosophy 11.1 (2017): 19-
36.
it can be explained that the former is explained as the person whose liberty has been taken away
are the ones who are being protected from the harm whereas the later comes into force when the
class of people whose liberty is violated by some means and such means are wider than the
group of person who are protected. Thirdly being the Moral and Welfare paternalism wherein
while one can be explained as the promotion of moral well-being of the person or the group
irrespective of the fact whether or not the welfare of the person could be improved. On the
contrary, the other can be explained as the welfare well being of the person is more important.
The moral paternalism argues to protect the ethical grounds of an act whereas the welfare
paternalism contends to protect the welfare well-being of the person ignoring the ethical grounds
of the person.
Thomas Pogge has argued that the elements for the establishment of a policy as a
paternalistic policy shall not be based on minimum grounds. However, as a general aspect, there
are three elements to establish a policy as a paternalistic policy8.
The policy should relate to the human liberty with respect to the basic freedom involving
varied subjects of religious and social backgrounds.
The policy should be such that it should be minimally inteerfering with the liberty of the
person or the group of persons.
The policy should not be exhaustive as a result of which the socities shall not have the
freedom for modification of the policy based on their needs.
8 Kleinig, John. "Paternalism and Human Dignity." Criminal Law and Philosophy 11.1 (2017): 19-
36.
3JURISPRUDENCE
The policy should be subject to the justice of the people. However, the aim to impart
justice must not outweigh the modest considerations with respect to the beliefs and norms
of the people affected by the policy9.
In this aspect, it can be explained that the consumption of goods and services can be enforced
with the help of price regimes as well as the option of the obligation for consumption of the
goods and services10. For an instance, the compulsory schooling of the children till the age of 16
regardless of the choice of the parents whether or not to educate the child in the state funded or
the private funded school is a mandate policy and can be explained in terms of paternalism.
However, the price of the school is regulated by the local government with respect to specific
municipal services like the use of swimming pools11. This theory can further be explained with
the help of subsidy of goods wherein the prices are controlled by the government for a specific
group of people to protect them from the harm and their access with regard to poverty. However,
the state intervention is not limited to a specific strategy but is an adoption of various strategies
at the same time in various fields like that of health care, schooling and education12, housing13
and so on. It can be noted that all the three forms of paternalism is present within the institution
of NHS, state schools and the council housing respectively14. However, the intervention is
subject to the necessity and the strategic necessity in the specific field of goods and its
9 Conly, Sarah. "Moral Paternalism." Review of Behavioral Economics 5.3-4 (2018): 291-302.
10 Evert, Vedung, and C. J. van der Doelen Frans. "The sermon: information programs in the
public policy process—choice, effects, and evaluation." Carrots, Sticks and Sermons.
Routledge, 2017. 103-128.
11 Hausman, Daniel, Michael McPherson, and Debra Satz. Economic analysis, moral philosophy,
and public policy. Cambridge University Press, 2016.
12 Drange, Nina, Tarjei Havnes, and Astrid MJ Sandsør. "Kindergarten for all: Long run effects of a
universal intervention." Economics of Education Review 53 (2016): 164-181.
13 Parsell, Cameron, and Greg Marston. "Supportive housing: justifiable paternalism?." Housing,
Theory and Society 33.2 (2016): 195-216.
14 Bartlett, Oliver. "Power, policy ideas and paternalism in non‐communicable disease
prevention." European Law Journal 24.6 (2018): 474-489.
The policy should be subject to the justice of the people. However, the aim to impart
justice must not outweigh the modest considerations with respect to the beliefs and norms
of the people affected by the policy9.
In this aspect, it can be explained that the consumption of goods and services can be enforced
with the help of price regimes as well as the option of the obligation for consumption of the
goods and services10. For an instance, the compulsory schooling of the children till the age of 16
regardless of the choice of the parents whether or not to educate the child in the state funded or
the private funded school is a mandate policy and can be explained in terms of paternalism.
However, the price of the school is regulated by the local government with respect to specific
municipal services like the use of swimming pools11. This theory can further be explained with
the help of subsidy of goods wherein the prices are controlled by the government for a specific
group of people to protect them from the harm and their access with regard to poverty. However,
the state intervention is not limited to a specific strategy but is an adoption of various strategies
at the same time in various fields like that of health care, schooling and education12, housing13
and so on. It can be noted that all the three forms of paternalism is present within the institution
of NHS, state schools and the council housing respectively14. However, the intervention is
subject to the necessity and the strategic necessity in the specific field of goods and its
9 Conly, Sarah. "Moral Paternalism." Review of Behavioral Economics 5.3-4 (2018): 291-302.
10 Evert, Vedung, and C. J. van der Doelen Frans. "The sermon: information programs in the
public policy process—choice, effects, and evaluation." Carrots, Sticks and Sermons.
Routledge, 2017. 103-128.
11 Hausman, Daniel, Michael McPherson, and Debra Satz. Economic analysis, moral philosophy,
and public policy. Cambridge University Press, 2016.
12 Drange, Nina, Tarjei Havnes, and Astrid MJ Sandsør. "Kindergarten for all: Long run effects of a
universal intervention." Economics of Education Review 53 (2016): 164-181.
13 Parsell, Cameron, and Greg Marston. "Supportive housing: justifiable paternalism?." Housing,
Theory and Society 33.2 (2016): 195-216.
14 Bartlett, Oliver. "Power, policy ideas and paternalism in non‐communicable disease
prevention." European Law Journal 24.6 (2018): 474-489.
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