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  • Chapter 4 - The right to autonomy and the justification of hard paternalism

  • 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 74-92

  • Summary

    This chapter critically examines some different views about the content, strength, and justification of a right to autonomy. It explains some background assumptions about the right to autonomy, the concept of paternalism, and the soft/hard distinction. There are two basic approaches to spelling out the content of the right: choice-based and preference-based. Joel Feinberg's view that the right protects only self-regarding choices that are voluntary enough is one example of the former. The claim that the right is absolute vis-à-vis moralistic reasons mean that when moralistic interference infringes the right to autonomy, it is always wrong. If the right to autonomy is cashed out in terms of a hybrid current preferences account (CP) test, then an example of soft moralism might be one orthodox Jew's forcing a second to wait to eat till his craving for a delicious but non-kosher food passes.