How Much Paternalistic Republicanism Is?

  • Anna Richter Centro de investigaciones jurídicas y sociales, Facultad de Derecho, Universidad Nacional de Córdoba (Argentina)
Keywords: Republicanism, Paternalism, Criminal Defence


This paper states that the traditional approach to paternalism and the search for a special justification for paternalistic acts presuppose a liberal viewpoint. That means, that the question why paternalism is a problem and in which cases and in which manner it could be justified or not presupposes a division of human actions based on liberty as non-interference. If this liberal foundation is abandoned and a different political-theoretical vision is adopted, like that of republicanism, then not only the cases in which certain paternalistic acts can be justified change but also the argumentation changes and even the division between justifications for paternalistic acts and justifications for acts that affect third parties can become blurred.