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The Ethics of ConsentTheory and Practice$
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Franklin Miller and Alan Wertheimer

Print publication date: 2009

Print ISBN-13: 9780195335149

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780195335149.001.0001

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Paternalism and Consent

Paternalism and Consent

Chapter:
(p.107) 5 Paternalism and Consent
Source:
The Ethics of Consent
Author(s):

Douglas Husak (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195335149.003.0005

This chapter considers the relevance of consent to the justification of paternalism. As a general matter, A isn't acting paternalistically toward B if B consents to A's action. But what if B gives prior consent, as when a sober person tells a friend not to let him drive home if he is drunk? Contrary to the common view, it is argued that B's prior consent has no bearing on whether A is justified in interfering.

Keywords:   prior consent, justification of paternalism, self-exclusion programs, reasonableness

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