Hard Paternalism, Personal Accountability, and Justice
This paper examines Goldman and Goldman's account of soft and hard paternalism within a utilitarian ethical framework. While soft paternalism is defended as compatible with Mill's On Liberty and the common good, the paper argues that hard paternalism—as applied to minority populations such as young people—creates serious problems for justice and personal accountability. Using age-based alcohol and tobacco restrictions as a primary case study, the paper contends that denying legal adults the right to drink or smoke normalizes deviance, fosters rebellion, and ultimately undermines the very common good hard paternalism is meant to protect. The hidden costs of enforcement and the cultural consequences of prohibition-style restrictions are also examined.
- Introduction: Defines paternalism and states the paper's thesis
- Exposition of Goldman and Goldman's Position: Explains soft and hard paternalism in utilitarian terms
- Age-Based Restrictions and the Normalization of Deviance: Argues drinking age laws foster rebellion and deviance
- Defense: Justice, Accountability, and the Costs of Hard Paternalism: Challenges hard paternalism on justice and cost grounds
- Conclusion: Synthesizes argument for a more balanced paternalistic approach
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What makes this paper effective
- The paper clearly distinguishes between soft and hard paternalism from the outset, grounding its argument in Goldman and Goldman's definitions before challenging them with concrete social examples.
- It uses a focused, real-world case study—age-based alcohol and tobacco restrictions—to make an abstract philosophical debate tangible and accessible.
- The argument moves logically from exposition to critique, using both statistical evidence and philosophical authority (Mill, Dworkin, Cudd) to build a multi-layered defense of its thesis.
Key academic technique demonstrated
This paper exemplifies the "expose-then-challenge" technique common in applied ethics writing: it first faithfully reconstructs a theoretical position (GG's justification of paternalism) and then systematically identifies its internal contradictions—particularly the tension between utilitarian cost-benefit logic and the real, hidden costs of hard paternalism for minority populations. This approach demonstrates philosophical engagement rather than simple disagreement.
Structure breakdown
The paper follows a four-part structure: an introduction that states the thesis, an exposition section that presents GG's argument on its own terms, a defense section that applies the thesis to concrete examples with supporting sources, and a conclusion that synthesizes the argument's implications. Each section builds directly on the previous, maintaining a coherent argumentative arc throughout.
Introduction
Goldman and Goldman (GG) state that "paternalism involves overriding a moral right of a person, often a liberty to act, for the person's own good" (65). The problem with paternalism in a free society is that it creates conflict and tension between the right of the individual to act freely and the need for society to restrict liberties in order to safeguard itself. This paper argues that while GG show that soft paternalism is justified from a utilitarian ethical perspective, hard paternalism creates problems that undermine the same ethical framework—namely, problems related to the development of personal accountability and justice.
Works Cited
Cudd, Ann. "Taking Drugs Seriously: Liberal Paternalism and the Dental Prescription System." Public Affairs Quarterly.
Dworkin, Gerald. "Paternalism." The Monist, 1972, 56: 64–84.
Goldman, Michael N. and Alan H. Goldman. "Paternalistic Laws." Philosophical Topics, Vol. 18, No. 1, Philosophy of Law (Spring 1990), pp. 65–78.
Kobler, J. Capone: The Life and Times of Al Capone. New York: Da Capo Press, 2003.
McMurtrie, B. "Why Colleges Haven't Stopped Binge Drinking." New York Times, 2014.
Mill, J. S. Selections from On Liberty.
Throm, A. "Lowering the Drinking Age to 18 Is Better than Keeping It at 21." Daily Nebraskan, 2017.
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