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  • Chapter 1 - Defining 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 25-38

  • Summary

    This chapter begins by canvassing a wide variety of definitions of paternalism which may have been developed in quite different contexts for quite different purposes. It is helpful both to see how wide the variety is and to see the various dimensions along which the definitions vary. A paternalistic act may be defined in terms of the outcomes it produces. The alternative view is that the reasons which count in determining whether an act is paternalistic are the hypothetical reasons which could motivate or justify the act. The first thing to note is that the entire discussion of paternalism takes place in the larger context of a discussion of the Unconscionability Doctrine (UD) in contract law. There is a normative dispute about the use of the doctrine. Liberals tend to favor it as a way of enabling poor people who are taken advantage of to get out of contractual obligations.