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Dworkin Article
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Dworkin Article
According to Dworkin, paternalism was taken into account from a legal perspective during the 1970s. Also, he was of the view that in the 19th century, social or corporate paternalism was thought to be protecting the interests of the influential class. In many ways, paternalism was perceived as unethical as it was not purely intended to benefit everyone. In addition, legal Paternalism has been under a lot of criticism since World War II for being invasive and assertive. Furthermore, paternalism was considered a threat to the overall freedom of an individual. It was also found that paternalism was challenging the fundamental rights to equality of people. With time, the ethical demands attributed to paternalism have changed and adapted to the new concepts (Dworkin, 1972).
The right to equality is the most significant elements of ones life, and that is the reason why paternalism was deplorable because it was associated with offensive practices of patronizing and intrusion. In this context, unfair inequality was also attributed to the concept of paternalism that emerged. Initially, paternalism was originated from the intent to fix inequality of luck, which refers to the inequalities that do not come in the way by choice. For instance, there is often no merit to become a director of an organization when an individual is born in a highly affluent and well-educated family during the 19th century, or if ones father owns the organization. On the other hand, it is immensely hard to get this position when someone is from a working-class family or an orphan (Dworkin, 1972). This particular aspect can be called hard luck. In this regard, the rich and highly educated class considered providing the underprivileged class with free education because they were the ones who were suffering due to their undeserved bad luck.
Although the idea seemed to be ethical and in the benefit of the impoverished class, it was not straightforward as it appeared. The response by elite or influential class was not appropriate. The people were given financial grants for their condition, but they were treated as lower humans. Those who gave financial compensation to economically struggling class, they used the act of endowment to endorse their superiority in the society. The main purpose of paternalism was to show the authority over financially weak class by imposing laws on them that undermined their freedom. Moreover, Dworkin argues that a prisoner does not know that he will no longer be free if all the doors were locked. In this respect, the information delivered regarding the doors is more important to the prisoner than anything else, the same way that order of dishes is significant for customers in a cafeteria (Dworkin, 1972).
The paternalism did not fully go to the benefit of the poor community as by its nature it was not based on the true welfare of the working class. Paternalism was considered immoral because it attempted to deviate from its true letter and spirit. The industrialists during 19th century constructed social houses, healthcare centers, and schools for their workers, but in reality, they were more concerned about the productivity and the profits of their organizations than the actual welfare of their workers. The concept of multiplying profits, and doing acts that directly or indirectly benefit businesses are the hallmarks of the capitalist culture where all the policies and practices of the business owners revolve around maximizing their profits and increasing their influence.
The question arises as to what is the actual concept of paternalism which is different from legal or normal paternalism according to Dworkin According to him, if the welfare of an individual is directly intended, and as a result, a working class gets the real benefit without sacrificing their freedom, then it will be classed as moral paternalism. In other words, he meant that the change in the condition should guarantee happiness, but if the help comes with dictation and too many conditions, then it would be considered immoral paternity. Also, the concept of the paternalism should be based on equality. However, paternalism has been illegitimate as it targets a particular group or category of population. Those who oppose paternalism, they come up with the argument that it is against the right to autonomy or self-direction. Besides, liberals are of the opinion that authorities or the governments can be intrusive in individuals freedom or decision-making process if they are involved in any dubious activities or pose any threat to the state else freedom is the fundamental right to every individual. Therefore, immoral paternalism cannot be justified by any means.
In my opinion, Dworkin rightly called paternal legislation or paternalism illegitimate. However, for paternalism to be moral, it needs to meet three standards respecting individual autonomy, considering equality, and being ethically encouraged. All these principles are associated with behavioral paternalism. In this regard, the first standard is the most significant. Before making any laws in the name of welfare the personal freedom of the individual must be ensured. Also, the element of equality is also important because all the citizens irrespective of their class must not feel that they are facing any kind of discrimination or inequality by authorities or people at the helm. Sometimes laws are made by a particular class to safeguard their own benefits, and that prove to be detrimental for whole society as it does not leave a good impact on all the citizens of the country, a particular class feels neglected. Similarly, there should be no hidden agenda by powerful individuals when they do some act of welfare for underprivileged class.
References
Dworkin, G. (1972). Paternalism. the Monist, 64-84.
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