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  • Chapter 7 - Paternalism and the principle of fairness

  • Edited by Christian Coons, Bowling Green State University, Ohio, Michael Weber, Bowling Green State University, Ohio
  • Book:
    Paternalism
    Published online:
    05 February 2013
    Print publication:
    14 February 2013, pp 134-156

  • Summary

    This chapter has defended the Hart-Rawls principles of fairness as justifying the duty to obey the law, in a broad range of cases. It contributes towards the development of the most promising non-consequentialist moral theory. Robert Nozick's examples include some in which a non-excludable good is provided to a group of people. He imagines a neighborhood public address system, with individuals taking turns entertaining their neighbors through loudspeakers that blare sound throughout the neighborhood day and night. The Hart-Rawls principle of fairness has attracted still an objection. This claims the principle is objectionably paternalist. The paternalism objection directly attacks the principle of fairness, and a fortiori attacks any attempt to deploy the principle of fairness to show how people come to be obligated to contribute to the support of the state in which they reside and to obey the laws of a tolerably decent state.