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Full-Text Articles in Law
A Third Theory Of Paternalism, Nicolas Cornell
A Third Theory Of Paternalism, Nicolas Cornell
Michigan Law Review
This Article examines the normative significance of paternalism. That an action, a law, or a policy is paternalistic generally counts against it. This Article considers three reasons why this might be so—that is, three theories about what gives paternalism its normative character. This Article’s claim is that the two most common explanations for paternalism’s negative character are mistaken. The first view, which underlies the recent work by Professors Thaler and Sunstein, maintains that paternalism is negatively charged because it involves coercive interference with people’s choices. This approach proves inadequate, however, because more coercive actions can be a less objectionable form …
Paternalistic Interventions In Civil Rights And Poverty Law: A Case Study Of Environmental Justice, Anthony V. Alfieri
Paternalistic Interventions In Civil Rights And Poverty Law: A Case Study Of Environmental Justice, Anthony V. Alfieri
Michigan Law Review
Low-income communities of color in Miami and in cities across the nation both share aspirations of equal justice and democratic participation and suffer the burdens of legal underrepresentation and political disenfranchisement. Such burdens become crippling when, as in Miami, local legal aid offices, public interest organizations, and bar associations lack the resources to provide meaningful private access to justice or to muster significant public engagement in the political process. These burdens become especially crippling when, again as in Miami, local and state governments adopt policies that engender inner-city neglect, economic displacement, and racial exclusion. In these circumstances, volunteer lawyers from …
Legislative Approaches To Reducing The Hegemony Of The Priestly Model Of Medicine, Nancy K. Kubasek
Legislative Approaches To Reducing The Hegemony Of The Priestly Model Of Medicine, Nancy K. Kubasek
Michigan Journal of Gender & Law
This Article presents the case that the legal culture in many ways undergirds the priestly model's hegemony over the therapeutic relationship between a woman and her doctor. To the extent that law provides this fundamental support, it legitimizes the mistreatment of women, especially with respect to their reproductive health. The implications are that the movement toward a more just legal culture necessitates the extirpation of this support.
Moralistic Liberalism And Legal Moralism, Robert P. George
Moralistic Liberalism And Legal Moralism, Robert P. George
Michigan Law Review
A Review of Harmless Wrongdoing: The Moral Limits of the Criminal Law by Joel Feinberg
Paternalism, Freedom, Identity, And Commitment, Donald H. Regan
Paternalism, Freedom, Identity, And Commitment, Donald H. Regan
Book Chapters
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
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 …
Slumlordism As A Tort, Joseph L. Sax, Fred J. Hiestand
Slumlordism As A Tort, Joseph L. Sax, Fred J. Hiestand
Michigan Law Review
The war against poverty has been fought with rather more vigor than its initiators contemplated. Thus far, however, the major engagements have taken place in the streets of Watts and Chicago, which is not quite what they had in mind. Some, who think it odd that as we pass more laws we get more lawlessness, will perhaps content themselves by observing that the feeding hand is always bitten. Those less easily satisfied have begun to see the need for adopting some legal solutions as far reaching as the problems they are designed to abate; the following article is addressed to …
Voluntary Impartial Review Of Labor: Some Reflections, Walter E. Oberer
Voluntary Impartial Review Of Labor: Some Reflections, Walter E. Oberer
Michigan Law Review
The purpose of this paper is to examine the emerging concept of voluntary impartial review of the decisions of organizational tribunals passing upon internal disputes. Attention will center on the application of this concept to labor unions - the only area in which it has yet been tried.