Lecture 4/5 For outlawing public gambling houses: When someone stands to profit from encouraging others to engage in self-harming activity, people who ?choose? to engage in this activity are unlikely to do so on their own prompting Mill?s argument against the right to enslave oneself: 1. What people choose to do is the best indication of what is best for them 2. Given this fact, there is reason to grant people the freedom to choose what they do, provided they don?t harm others 3. But to be some one?s slave is to lack the power to choose what to do 4. So, the very fact that justifies granting people the right to choose how to live no longer obtains once one is a slave there is no person to assume that what the slave is doing is what is best for her 5. So, there is no reason to assume that remaining a slave is best for her 6. So, there is no reason to treat her earlier chance (something I cant read) as a constant on what she can do now; no reason to recognize the legitimacy of the slave contract Alternative reason to oppose both paternalistic laws and the right to enslave oneself: The capacity to govern one?s own actions is good in itself* -- this value outweighs other goals * It is good, regardless of whether one exercises it in ways that promote one?s own welfare Dworkin: Conclusions that must be met by paternalistic laws: 1. The self-harming activity restricted must have far-reaching harmful effects 2. The harmful effects must be irreversible 3. The activity cannot be the sort that plays a central role in some people?s lives People who do things that significantly increase their change of suffering significant harms: People who have unusual priorities/ values People who really don?t want to harm themselves in the relevant ways but are? Ignorant of certain facts and/or miscalculate the likelihood that they will suffer the harms Weakwilled (they fail to act according to their own best judgment) Pure paternalism: the one whose liberty is limited is the one who is being protected/prevented from harming herself Impure paternalism: someone?s liberty is restricted in order to prevent someone else from the harmful effects of certain choices
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