The The intervention of State in the individual freedom: liberalism, paternalism, common good

Authors

  • Tomás Prieto Álvarez Profesor titular de Derecho Administrativo. Universidad de Burgos (España)

Keywords:

Individual freedom, limitation of the freedom, harm principle, liberalism, paternalism, common good

Abstract

This paper analyses the capacity of the State to interfere in the free choices of the people. Firstly, the response of the liberalism is analysed considering the positive aspects and the omission ones in the essential points. Secondly, the paternalistic proposal of the State is analysed, proposed by Law Philosophers and it is criticized clearly. In opposition to
their positions, it is studied intensely the keys of this problematic: the harm principle, the social condition of human being and the concept of common good.

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Published

2015-08-08

Issue

Section

Foreign doctrine