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Law and Philosophy

University of Michigan Law School

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Freedom

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Gewirth On Necessary Goods: What Is The Agent Committed To Valuing?, Donald H. Regan Jan 1999

Gewirth On Necessary Goods: What Is The Agent Committed To Valuing?, Donald H. Regan

Book Chapters

In this chapter I shall be concerned with stage I of Gewirth's argument, in which he argues that the agent must value her freedom and well-being as necessary goods. Stage I has attracted less criticism over the years than stages II and III, but even so, a good deal has been written about it. I do not claim to have found any brand new objection to Gewirth's argument. The core of my objection occurred to me during my first reading of Reason and Morality, and it obviously occurred to a number of other people as well. 3 But it is …


Paternalism, Freedom, Identity, And Commitment, Donald H. Regan Jan 1983

Paternalism, Freedom, Identity, And Commitment, Donald H. Regan

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Some years ago, I wrote an essay entitled "Justifications for Paternalism." That essay is here revised, and expanded by the addition of a new topic. Many readers of the original version did not understand that the two principal sections presented arguments that were quite independent. I would therefore emphasize that in the present version the three principal sections (II, III, and IV) are separable one from another. Not surprisingly, in an essay so disconnected, I reach no general conclusions I have much confidence in. I suspect the reason for the failure is that I have been insufficiently daring in rejecting …


Justifications For Paternalism, Donald H. Regan Jan 1974

Justifications For Paternalism, Donald H. Regan

Book Chapters

One of the most troublesome problems concerning the appropriate extent of government interference with individuals' activity is the problem of paternalism-that is, the problem of when, if ever, the state may compel an individual to do or to refrain from some act or activity "for his own good." One would hardly know this was a troublesome problem just from looking at the literature on political and legal philosophy. It is hard to think of an influential philosophical discussion of the matter more recent than John Stuart Mill's. But paternalism is a problem which keeps coming up in discussions among philosophers …