The MORAL LIMITS VOLUME THREE doc

[...]... from the traditional usage of the liberal label or from the motivating spirit of past liberal writers, notably John Stuart Mill The second part of the liberal program, to which Volumes three and four are devoted, is to argue against the non-liberal principles (especially paternalism and moralism) that many writers claim must supplement the liberal principles in any adequate theory Volume one then proceeds... (physical, psychological, or economic) to the actor himself Legal Moralism (in the usual narrow sense): It can be morally legitimate to prohibit conduct on the ground that it is inherently immoral, even though it causes neither harm nor offense to the actor or to others Moralistic Legal Paternalism (where paternalism and moralism overlap via the dubious notion of a "moral harm"): It is always a good reason... the repugnance produced, and the extent to which repugnance could be anticipated to be the general reaction to the conduct that produced it; (2) the ease with which unwilling witnesses can avoid the offensive display; and (3) whether or not the witnesses have assumed the risk themselves of being offended These factors must be weighed as a group against the reasonableness of the offending party's conduct... But in the latter case, the law preventing A from selling the forbidden drug to B is justified by the harm to others principle rather than "indirect paternalism," for that principle prevents A from inflicting damage or the risk of damage on B without B's genuine consent The difference between the harm to others principle and indirect paternalism then reduces to this The harm to others principle forbids... have concentrated thus far on fleshing them out with normative substance in a way that makes them more useful, without departing from the moral attitudes that provide them with their initial appeal Now it is time to consider the negative part of the traditional liberal thesis, that no other proposed liberty-limiting (or coercion-legitimizing) principles can have moral propriety Historically it has been... example that the management of a factory or a store treats its employees as if they were school children, not for "their own good" the management couldn't care less about their own good—but for the sake of greater efficiency and, ultimately, greater profits Suppose that workers must have the permission of their supervisors to leave the work area to go to the toilet, or that only letters from a doctor can... and in virtue of which they are both called "paternalistic," is that the treatment (deception in the one case, coercion in the other) given certain persons is justified in terms of their own good, whatever they themselves may think of the matter And as Gert and Culver point out, the behavior (or rule) is of a kind—lying, coercively threatening—that normally requires justification The distinctions between... dangerous to one of the contracting parties Another distinction is between mixed and unmixed paternalistic laws (Kleinig refers to these as "pure" and "impure" paternalism.) The mixed kind of restrictive law is justified partly by the aim of preventing people from suffering harm at their own hands, or with their own consent at the hands of others, and partly for other reasons, for example the desire to protect... done If the second party nevertheless carries out his agreement then he has violated the law and will be punished The law prevents the first party from having what he wishes done and in that way interferes with his liberty on the grounds that it knows best what is for his own good For that reason the law is paternalistic toward the first party even when the crime it defines is committed by the second... effective means to that end if enacted, t The Liberal Position (on the moral limits of the criminal law): The harm and offense principles, duly clarified and qualified, between them exhaust the class of good reasons for criminal prohibitions ( "The extreme liberal position" is that only the harm principle states a good reason ) Legal Paternalism (a view excluded by the liberal position): It is always a . blank About the Longer Work Harm to Self is the third volume in a four -volume work, The Moral Limits of the Criminal Law. The volumes have . Neither of these will count as "harms" in the sense of the harm principle. Rather, that sense will represent the overlap of the other