Paternalistic Discrimination

Law and Philosophy 44 (2):235-259 (2024)
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Abstract

Some policies are paternalistic and discriminatory at the same time (e.g., certain benevolent sexist policies). Such policies constitute an interesting, yet somewhat overlooked, category. We scrutinize what paternalistic discrimination is and account for its wrongness. First, we argue that paternalistic discrimination is _pro tanto_ wrong because it is disrespectful. The disrespect consists in the selective negligence or denial of some people’s moral power over their own good. This applies even if the policies and actions in question benefit those interfered with. Second, we show that paternalistic discrimination gives rise to a dilemma in situations where different social groups face different risks. In such situations, a choice must be made between (i) protecting people equally and (ii) respecting people's moral power over their own good equally. Finally, we show that paternalistic discrimination in certain cases shows a lack of respect for the moral worth of the persons who are _not_ the target of the policies.

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reprint Midtgaard, Søren Flinch; Pedersen, Viki Møller Lyngby (2025) "Paternalistic Discrimination". Law and Philosophy 44(2):

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