Legal Definitions - legal paternalism

Legal paternalism refers to the theory that a government or legal system is justified in creating laws and policies that restrict the choices and actions of individuals, even in their private lives, for their own good or protection. This concept suggests that the state can intervene to prevent individuals from harming themselves, even if those individuals willingly choose to take risks or make decisions that others might deem unwise.

Here are some examples illustrating legal paternalism:

• Mandatory Seatbelt Laws: Many jurisdictions have laws requiring all occupants of a vehicle to wear seatbelts. If an adult chooses not to wear a seatbelt, they are primarily endangering themselves, not others (though there can be secondary impacts like increased healthcare costs). This law is an example of legal paternalism because the government compels individuals to take a specific action for their own safety, overriding their personal choice to forgo the safety measure. The state intervenes in a private decision to prevent potential self-harm.

• Prohibitions on Certain Recreational Drugs: Laws that make it illegal for adults to purchase, possess, or consume certain recreational drugs, even if they intend to do so privately and without directly harming others, demonstrate legal paternalism. The state prohibits individuals from engaging in an activity primarily because it is deemed harmful to the individual's health, well-being, or long-term prospects. Even if an adult willingly chooses to use a substance, the law intervenes, arguing that the government has a legitimate interest in protecting individuals from the potential health risks, addiction, or other negative consequences associated with such substances.

• Mandatory Retirement Savings Schemes: In some countries, governments mandate that a portion of an individual's income be contributed to a national retirement savings fund or a similar scheme. This is an example of legal paternalism because it restricts an individual's immediate control over their full earnings. The government intervenes to ensure that individuals save for their future, preventing potential financial hardship in old age, even if some individuals might prefer to spend all their current income or invest it differently.