The true meaning of legal paternalism

1. Legal paternalism, also known as "legal paternalism". It is asserted that in certain areas citizens may be restricted in their own interests without regard to their will, their freedom or autonomy.

2. Legal paternalism refers to the fact that paternalistic legal coercion is justified and can and should be for the benefit of some people, directly or indirectly restricting them from doing certain things. Due to age and information, human reason is always limited. "People always want to be happy themselves, but people don't always see happiness clearly.

Therefore, the lack of rationality of the parties to the act becomes the justification for the existence of legal paternalism. However, while legal paternalism claims that its purpose is to protect the interests of the actor, because of its essence it is a restriction on individual freedom, if it is advocated excessively, it will inevitably lead to what Mill called "concern for God and disservice to God." Therefore, we must be vigilant against legal paternalism.

Legal paternalism is essentially the law made as a "parent".

For example, if the "parents" believe that suicide is an act that harms them and is not good for the "children", then even if the "children" commit suicide voluntarily, legal paternalism will use legal means to stop it and punish the "children" in the case of attempts. Legal paternalism is based on the protection of human rights, unlike traditional law, which emphasizes maximum freedom. Traditional law emphasizes maximum freedom and does not restrict suicide, even if it is attempted, it is not punished because it is a human right, while legal paternalism starts from the maximum protection of human rights, forcing the occurrence of acts of contempt for human rights, and further restricting human rights through legal means, so as to protect human rights.

In fact, both viewpoints are based on human rights, but traditional law advocates the subjective value of freedom, while legal paternalism is more concerned with the objective value of personal rights.

It means to behave like a father, or to treat others as a parent would treat a child. Of course, this refers to a responsible and loving father or parent.

Legal paternalism is a correction to the irrational and illiberal state of citizens for the benefit of citizens regardless of their will, so no one opposes it. At present, according to the law, paternalism demands on citizens are basically related to the interests of others or society. In fact, its ultimate goal is to protect the human rights of citizens.

From this point of view, there is nothing to blame for legal paternalism. Helmets are required, women under the age of 14 are not allowed to commit to sex, serious injuries are not promised, and so on.

Legal:

Rules of conduct that are formulated by the national legislature, have a certain written form, are guaranteed to be implemented by the state power, and must be complied with by citizens. In ancient times, it mostly referred to criminal laws and decrees, and now it also refers to various decrees, regulations, ordinances and regulations formulated by organs of state power. "Zhuangzi Xu Wu Ghost":

The lawyer is governed. "Jin Shu Jia Chong Biography": "Now that the law has been completed, it has begun in the world, and the punishment is lenient and simple, which is enough to overcome the precedent." ”

Legal paternalism is essentially the law made as a "parent".

For example, if the "parents" believe that suicide is an act that harms them and is not good for their "children", then even if the "children" commit suicide voluntarily, legal paternalism will use the law to stop it and punish the "children" in the case of attempts. Legal paternalism is based on the protection of human rights, unlike traditional law, which emphasizes the most radical freedom. Traditional law emphasizes maximum freedom and does not restrict suicide, even if it is attempted, it is not punished because it is a human right, while legal paternalism starts from the maximum protection of human rights, forcing the occurrence of acts of contempt for human rights, and further restricting human rights through legal means, so as to protect human rights.

In fact, both viewpoints are based on human rights, but traditional law advocates the subjective value of imitation freedom, while legal paternalism is more concerned with the objective value of personal rights.

Because the constitution is the fundamental law of the country and has the highest legal force. On the one hand, it is reflected in the fact that the constitution is the legislative basis of other laws, and other laws are the concretization of the constitution; On the other hand, it is reflected in the fact that any law must not contradict the Constitution, otherwise it will be invalid.

The Constitution has the highest legal force:

The constitution has the highest legal status and legal force in the legal system.

The constitution is the legislative basis and legislative basis for other laws. The constitution is the parent law, and the ordinary law is the child law.

The Constitution has the highest legal force compared to ordinary laws. The content and spirit of laws and administrative regulations must not contradict the principles and provisions of the Constitution, otherwise, they will be invalid because they are unconstitutional.

The Constitution is the fundamental norm for the activities of all organizations and individuals.