Fair Governance

Paternalism and perfectionism -- Hierarchic paternalism -- Cognitive paternalism -- Akrasia -- Information costs -- Happiness -- Endogenous preferences -- Private perfectionism -- Social perfectionism -- An extension : nationalism.


Author: Francis H. Buckley

Publisher: Oxford University Press

ISBN: 9780195341263

Category: Law

Page: 230

View: 789

Paternalism and perfectionism -- Hierarchic paternalism -- Cognitive paternalism -- Akrasia -- Information costs -- Happiness -- Endogenous preferences -- Private perfectionism -- Social perfectionism -- An extension : nationalism.

Fair Governance

This is a study of legal interference with individual preferences and will canvass the interdisciplinary literature in economics, psychology, philosophy, and law.


Author: Francis H. Buckley


ISBN: 0199866899

Category: Akrasia

Page: 242

View: 513

This is a study of legal interference with individual preferences and will canvass the interdisciplinary literature in economics, psychology, philosophy, and law. It discusses the particular conditions necessary for the state to legally interfere with our freedom of choice.

New Perspectives on Paternalism and Health Care

The Monist 60(1): 62–80. Buckley, Francis H. 2009. Fair governance. Paternalism and perfectionism. Oxford: Oxford University Press. Clarke, Simon Robert. 2002. A definition of paternalism. Critical Review of International Social and ...


Author: Thomas Schramme

Publisher: Springer

ISBN: 9783319179605

Category: Philosophy

Page: 299

View: 850

This work sets the stage regarding debates about paternalism and health care for years to come. The anthology is organized around four parts: i) The concept of paternalism and theoretical issues regarding the idea of anti-paternalism, ii) strategies for justifying different forms of paternalism, iii) paternalism in psychiatry and psychotherapy, iv) paternalism and public health, and v) paternalism and reproductive medicine. Medical paternalism was arguably one of the main drivers of debates in medical ethics and has led to a wide acknowledgement of the value of patient autonomy. However, more recent developments in health care, such as the increasing significance of public health measures and the commercialization of medical services, have led to new social circumstances and hence to the need to rethink issues regarding paternalism. This work provides an invaluable source for many scholars and practitioners, since it deals in new and original ways with one of the main and oldest issue in health care ethics.​

Pensions and Legal Policy

51 Buckley, Fair Governance, Paternalism and Perfectionism, (Oxford University Press Inc, 2009) 7. 52 ibid, 8. 54 53 P Burrows, 'Patronising Paternalism' [1993] Oxford Economic Papers 542,567. D Kennedy, 'Distributive and Paternalistic ...


Author: Amanda Cooke

Publisher: Bloomsbury Publishing

ISBN: 9781509929399

Category: Law

Page: 272

View: 372

This monograph explores the historical position of pensions law in the UK and the recent influences which have led to the introduction of Auto-Enrolment and subsequent reforms. Alternative models, such as the US and Australia, are also considered as well as the function of law in bringing about political changes. The question of saving for retirement is of national and international importance and many governments are wrestling with the issue of how to deal with the pension funding crisis. Consequently political policy has, in many cases, combined with behavioural science to inform new laws which have acted to shift the burden from the state into the private sector. Around the world responsibility is being moved onto individuals and employers as the state retreats from provision of state support in retirement; this book offers a sophisticated analysis of the role of legal intervention to facilitate this shift. The book explores the work of behavioural economics, its global influence on understanding financial decision-making and its application to legislation which seeks to influence consumer outcomes. Drawing on qualitative empirical research to explore the experience of implementation of Auto-Enrolment, this timely work considers the interaction with the work of behavioural science to highlight the social costs of the new regulatory regime.

Justifying Contract in Europe

argument against weaker party protection, i.e. as a paternalistic— and therefore illegitimate— interference by the state with the ... (last visited 5 June 2020); F. H. Buckley, Fair Governance: Paternalism and Perfectionism (2009).


Author: Martijn W. Hesselink

Publisher: Oxford University Press

ISBN: 9780192843654

Category: Contracts

Page: 512

View: 799

This title uses contemporary political theories to address fundamental questions on European contract law. It also places these theories in the context of the current European contract law landscape. This book highlights future options for contract law in the EU, and how it may need to change.

The American Illness

See F.H. Buckley, Fair Governance: Paternalism and Perfectionism (2009). 19. The two forms of rule of law, thick and thin, may thus be in tension, where adherence to socially liberal reforms enacted by governments that adhere to a thick ...


Author: F. H. Buckley

Publisher: Yale University Press

ISBN: 9780300195071

Category: Political Science

Page: 552

View: 324

DIVThis provocative book brings together twenty-plus contributors from the fields of law, economics, and international relations to look at whether the U.S. legal system is contributing to the country’s long postwar decline. The book provides a comprehensive overview of the interactions between economics and the law—in such areas as corruption, business regulation, and federalism—and explains how our system works differently from the one in most countries, with contradictory and hard to understand business regulations, tort laws that vary from state to state, and surprising judicial interpretations of clearly written contracts. This imposes far heavier litigation costs on American companies and hampers economic growth./div

Emerging Adulthood in Hong Kong

Fair Governance: Paternalism and Perfectionism. New York: Oxford University Press. Buechler, Steven M. 2011. Understanding Social Movements: Theories from the Classical Era to the Present. Boulder, CO: Paradigm. Bunge, Mario. 1996.


Author: Chau-kiu Cheung

Publisher: Routledge

ISBN: 9781315446868

Category: Social Science

Page: 360

View: 434

How emerging adults, broadly referring to those aged from 18 to 29 years old, fare in civic engagement, as compared with other adults is the focus of the present work. The work takes civic engagement to comprise prosociality in civil society, sustaining social institutions, and challenging institutions. Delineating a theoretical framework based on voluntaristic theory, the work expects to find differences in civic engagement due to the voluntaristic mechanisms of power realization, utilitarian optimization, normative conformity, and idealistic consistency maintenance in the emerging adult, as compared with the other. Using survey data from 25,878 Chinese adults in Hong Kong, the work illustrates that the emerging adult is higher than is the other in challenging social institutions, notably in terms radicalism and occupying protest. Moreover, the emerging adult is less prosocial in terms in community participation. Meanwhile, the emerging adult is not consistently different from the other in sustaining social institutions. The findings are crucial, given the control various background characteristics, including age, education, marriage, and employment. These findings are therefore useful for illustrating social forces postulated in voluntaristic theory for explaining civic engagement.

Against Autonomy

Paternalism is not perfectionism, and it is perfectionism that is far more likely to permit of abuses. ... accounts of welfare and objective accounts of moral goodness: see F. H. Buckley, Fair Governance (Oxford University Press, ...


Author: Sarah Conly

Publisher: Cambridge University Press

ISBN: 9781107024847

Category: Law

Page: 206

View: 107

Argues that laws that enforce what is good for the individual's well-being, or hinder what is bad, are morally justified.

Legitimation by Constitution

... 'the liberal priority of human rights would be translated into the paternalism of an assembly of morally pre- ... adopt fully democratic governance and not simply abide by some fair terms of supranational cooperation.8 By contrast, ...


Author: Frank Michelman

Publisher: Oxford University Press

ISBN: 9780192855121


Page: 208

View: 187

"Legitimation by constitution" is a phrase coined by Michelman and Ferrara to represent an idea in Rawlsian political liberalism of reliance on a dualist democracy: ground-level laws are subject to the constraints of a legal constitution that all citizens, across the political spectrum, can accept as a framework for their collective politics.