Abstract

LELL, Helga María. Legal paternalism and its ethical justification in Ernesto Garzón Valdés philosophy. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2018, vol.48, n.129, pp.439-458. ISSN 0120-3886.  https://doi.org/10.18566/rfdcp.v48n129.a06.

In 1988, in Doxa journal, an article written by Garzón Valdés was published under the title "Is legal paternalism ethically justifiable?" in which the author tries to answer that question from a perspective that harmonizes the liberal point of view with a social State conception. In this context, this article describes the author's idea, analyzes the possibility of admitting certain kinds of legal paternalisms that might be acceptable from an ethical perspective and presents the debate that he had with others legal philosophers.The methodology of the article is a descriptive one based onthe reading of Garzón Valdes publications.

Keywords : Legal paternalism; ethical justification; liberalism; social State; Garzón Valdés.

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