LIBERTY AND PATERNALISM John Stuart Mill and Gerald Dworkin have distinctly opposing views on legal paternalism in that Mill is adamantly against any form of paternalism, whereas Dworkin believes that there do exist circumstances in which paternalism is justified. Both agree that paternalism is justified when the well being of another person is violated or put at risk. Mill takes on a utilitarian argument, explaining that allowing an individual to exercise his freedom of free …showed first 75 words of 1663 total…

…showed last 75 words of 1663 total…at risk by the actions of these people. Under this condition I have come to the conclusion that there do exist certain circumstances where the government has a right to legal paternalism. These circumstances include times when an individual is unable to make a rational and logical decision for himself either because he does not fully understand the issue or because he is unable to logically assign value to specific possible consequences of a decision.