Balancing public health against individual liberty: The ethics of smoking regulations

Authors
Citation
Tm. Pope, Balancing public health against individual liberty: The ethics of smoking regulations, U PIT LAW, 61(2), 2000, pp. 419-498
Citations number
653
Categorie Soggetti
Law
Journal title
UNIVERSITY OF PITTSBURGH LAW REVIEW
ISSN journal
00419915 → ACNP
Volume
61
Issue
2
Year of publication
2000
Pages
419 - 498
Database
ISI
SICI code
0041-9915(200024)61:2<419:BPHAIL>2.0.ZU;2-6
Abstract
Eleven years ago, philosopher Robert E. Goodin published No Smoking: The Et hical Issues. Goodin argued that the liberty of smokers can be justifiably limited for two reasons: to prevent harm to third persons and to prevent ha rm to smokers themselves under circumstances which make their decision to s moke substantially non-autonomous. In this article Thaddeus Pope reexamines the harm principle and the soft paternalism principle in light of more rec ent legal developments, gives them additional content, and carefully demarc ates the justificatory scope of each. Pope also defines and defends a third liberty-limiting principle, hard paternalism, arguing that the liberty of smokers might be justifiably limited even when their decision to smoke is s ubstantially autonomous.