Between autonomy and state regulation: J.S. Mill's elastic paternalism

Cohen-Almagor, Raphael

Abstract

This paper analyses J.S. Mill's theory on the relationships between individual autonomy and State powers. It will be argued that there is a significant discrepancy between Mill's general liberal statements aimed to secure individual largest possible autonomy and the specific examples which provide the government with quite wide latitude for interference in the public and private spheres. The paper outlines the boundaries of government interference in the Millian theory. Subsequently it describes Mill's elastic paternalism designed to prevent people from inflicting harm upon others as well as upon themselves, from soft paternalism on issues like compulsory education to hard paternalism on very private matters such as marriage, having children, and divorce by consent.

Citation

Cohen-Almagor, R. (2012). Between autonomy and state regulation: J.S. Mill's elastic paternalism. Philosophy : the journal of the British Institute of Philosophical Studies, 87(4), 557-582. https://doi.org/10.1017/s0031819112000411

• Journal Article Type: Article
• Acceptance Date: Feb 1, 2012
• Online Publication Date: Oct 1, 2012
• Publication Date: 2012-10
• Deposit Date: Nov 13, 2014
• Publicly Available Date: Nov 13, 2014
• Journal: Philosophy
• Print ISSN: 0031-8191
• Publisher: Cambridge University Press
• Peer Reviewed: Peer Reviewed
• Volume: 87
• Issue: 4
• Pages: 557-582
• DOI: https://doi.org/10.1017/s0031819112000411
• Keywords: Philosophy
• Public URL: https://hull-repository.worktribe.com/output/469191
• Publisher URL: https://www.cambridge.org/core/journals/philosophy/article/div-classtitlebetween-autonomy-and-state-regulation-js-millandaposs-elastic-paternalismdiv/ADE5E75CCE5FA26DF50444E753019E7F
• Additional Information: Author's accepted manuscript of article: Raphael Cohen Almagor (2012). Between Autonomy and State Regulation: J.S.Mill's Elastic Paternalism. Philosophy, 87, pp 557582 doi:10.1017/ S0031819112000411
• Contract Date: Nov 13, 2014