PHILOSOPHICAL FOUNDATION OF THE PRINCIPLE OF HARM TO SELF (LEGAL PATERNALISM) CASE STUDY: LEGAL ENFORCEMENT OF WEARING SAFETY BELT AND HELMET

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MAHMOUDI JANAKI F.

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Title

PHILOSOPHICAL FOUNDATION OF THE PRINCIPLE OF HARM TO SELF (LEGAL PATERNALISM) CASE STUDY: LEGAL ENFORCEMENT OF WEARING SAFETY BELT AND HELMET

Author(s)

MAHMOUDI JANAKI F. | Issue Writer Certificate

Keywords

CRIMINALISATIONQ3

HARM PRINCIPLE (HARM TO OTHERS)Q3

HARM TO SELFQ3

LEGAL PATERNALISMQ1

LEGAL MORALITYQ2

Abstract

Wearing seat belt (safety belt) and safety helmet during a drive is enforceable by law and its violation may entail various penal sanctions in many countries. One of the most important subjects in philosophy (legal theories) of criminal law is how can we legally make people to do that? Is it possible to force others not to harm themselves? If the response is positive, in which cases and maters and to what extent is it permissible? What are the reasons proposed by the proponents and opponents of the LEGAL PATERNALISM? In this article, I try to discuss such questions in order to find proper answers. The outcome is that prohibition of behaviors causing HARM TO SELF may be premised just in limited cases with specific conditions and circumstances such as protecting the principle of autonomy and the necessity of protecting public order. I also conclude that penal enforcement of wearing seat belt (safety belt) and safety helmet can be justified not only by reference to the principle of LEGAL PATERNALISM but also by other liberty-limiting principles especially harm to others; because it may lead to harm to others rather than to the perpetrator.

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APA: Copy

MAHMOUDI JANAKI, F.. (2007). PHILOSOPHICAL FOUNDATION OF THE PRINCIPLE OF HARM TO SELF (LEGAL PATERNALISM) CASE STUDY: LEGAL ENFORCEMENT OF WEARING SAFETY BELT AND HELMET. PRIVATE LAW STUDIES, 37(1), 117-157. SID. https://sid.ir/paper/125123/en

Vancouver: Copy

MAHMOUDI JANAKI F.. PHILOSOPHICAL FOUNDATION OF THE PRINCIPLE OF HARM TO SELF (LEGAL PATERNALISM) CASE STUDY: LEGAL ENFORCEMENT OF WEARING SAFETY BELT AND HELMET. PRIVATE LAW STUDIES[Internet]. 2007;37(1):117-157. Available from: https://sid.ir/paper/125123/en

IEEE: Copy

F. MAHMOUDI JANAKI, “PHILOSOPHICAL FOUNDATION OF THE PRINCIPLE OF HARM TO SELF (LEGAL PATERNALISM) CASE STUDY: LEGAL ENFORCEMENT OF WEARING SAFETY BELT AND HELMET,” PRIVATE LAW STUDIES, vol. 37, no. 1, pp. 117–157, 2007, [Online]. Available: https://sid.ir/paper/125123/en

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