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The Moral Limits of the Criminal Law Volume 3: Harm to Self$
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Joel Feinberg

Print publication date: 1989

Print ISBN-13: 9780195059236

Published to Oxford Scholarship Online: November 2003

DOI: 10.1093/0195059239.001.0001

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Voluntariness and Assumptions of Risk

Voluntariness and Assumptions of Risk

(p.98) 20 Voluntariness and Assumptions of Risk
The Moral Limits of the Criminal Law Volume 3: Harm to Self

Joel Feinberg

Oxford University Press

Feinberg deals with the problem of reconciling our repugnance for legal paternalism with the seeming reasonableness of some apparently paternalistic regulations. One way of accounting for the reasonableness of apparently paternalistic restrictions is to apply a “soft paternalistic strategy” to show that there is a rationale for protective interference that gives decisive significance to respecting autonomy. The reasonableness of the restriction consists in the protection it provides the actor from dangerous choices that are not truly his own.

Keywords:   paternalism, risk, voluntariness

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