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http://ssrn.com/abstract=174750
 
 

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Balancing Public Health Against Individual Liberty: The Ethics of Smoking Regulations


Thaddeus Mason Pope


Hamline University - School of Law


University of Pittsburgh Law Review, Vol. 61, No. 2, February 2000

Abstract:     
Ten years ago, philosopher Robert E. Goodin published "No Smoking: The Ethical Issues." Goodin argued that the liberty of smokers can be justifiably limited for two reasons: to prevent harm to third persons and to prevent harm to smokers themselves under circumstances which make their decision to smoke substantially non-autonomous. In this article Thaddeus Pope reexamines the harm principle and the soft paternalism principle in light of more recent legal developments, gives them additional content, and carefully demarcates 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 substantially autonomous.

Number of Pages in PDF File: 80

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Date posted: September 22, 1999 ; Last revised: November 6, 2013

Suggested Citation

Pope, Thaddeus Mason, Balancing Public Health Against Individual Liberty: The Ethics of Smoking Regulations. University of Pittsburgh Law Review, Vol. 61, No. 2, February 2000. Available at SSRN: http://ssrn.com/abstract=174750

Contact Information

Thaddeus Mason Pope (Contact Author)
Hamline University - School of Law ( email )
1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States
651-523-2519 (Phone)
901-202-7549 (Fax)
HOME PAGE: www.thaddeuspope.com
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