Abstract:
Paternalism is the intervention of government or an individual in the affairs of another person, against their will, and it is claimed in defense and encouragement of this intervention that the person being intervened with will be protected from harm and find better conditions. Some authors have examined and analyzed the desirable and undesirable effects of these attitudes and paternal support in various political and legal systems around the world. The research method is descriptive-analytical and uses library resources. In the issue of paternalism, there is a conflict between public and private rights and ultimately respect for principles such as the sovereignty of will, autonomy, independence of opinion, and the right to decision-making, which some thinkers are trying to find a way to balance between them. Therefore, to better understand this phenomenon in the present article, it is necessary to examine the normative views and findings of experts regarding the justification of paternalistic action. Ultimately, according to some researchers, the issue of paternalism can be measured with the category of justice, so that by examining concrete examples of paternalism in each society, regardless of their political and legal systems, the executive guarantee of achieving desirable goals such as increasing welfare, happiness, contemplation, and defending the weak-minded and providing their needs and interests can be somewhat reduced. Because the paternal government is like a family where no one can question its authority, therefore, the main goal that modern governments should achieve here is to unite with society.
Machine summary:
Philosophical-Legal Study of the Phenomenon of Modern Paternalism Peyman Mirhadi 1 Abstract Paternalism is the intervention of government or an individual in the affairs of another person, against their will, and it is argued in defense and encouragement of this intervention that the person being intervened with will be protected from harm and find better conditions as a result.
Ultimately, some researchers believe that the issue of paternalism can be measured with the category of justice, so that by examining concrete examples of paternalism in each society, regardless of their political and legal systems, the guarantee of achieving desirable goals such as increasing welfare, happiness, prudence, and defending the weak-minded and providing their needs and interests, can somewhat reduce the grounds for abuse and increasing manipulation of legislation under the above pretexts.
The issue of paternalism, considering legal strictures such as combating all forms of gambling and betting in civil law, the use of standardized employment contracts by the government, the regulation of family rights 2 by the state, anti-narcotics laws, compulsion to wear seatbelts in cars, and in medicine with the protection of information about the patient's condition by doctors, and more recently the use of masks during the Corona crisis, reaches its peak.
But the issue arises that whether the definition of paternalism is useful or not, we come to more important issues; whether and under what conditions can pressures be considered ways of justifying influence on specific choices.
(
, 
, 
)
