It is a commonplace in liberal circles that individual persons have a right to individual autonomy or self-determination. Each mentally competent adult has a right to be at liberty to live and shape their own life in accordance with their own view about what makes for a good life, free from undue coercion or interference by others, so long as they do not harm others. In the words of John Stuart...

Purpose: to examine the provisions of Articles 34 and 35 Polish Penal Code governing penalty restriction liberty form in which it is imposed. Methods: basic method used analysis legal dogmatic method. Results: pursuant Article § 1 Code, unless otherwise provided by law, shall be for not less than one month more 2 years; imposed months or years. In accordance with 1a PC, involves: obligation pro...

This paper starts from four observations: (1) voter turnout is declining in established democracies; (2) low turnout means socio-economically unequal turnout; (3) compulsory voting is an effective means to increase turnout; (4) even low-turnout countries, however, have neither introduced nor even contemplated a legal obligation to vote. A closer look at the arguments against compulsory voting s...

There is a long liberal political tradition of marshalling arguments aimed at convincing Christians that distinctively Christian reasons for issuing coercive laws are not sufficient to justify those laws. In the first part of this paper I argue that the two most popular of these arguments, attributable to Locke, will not reliably convince committed biblical Christians, nor, probably, should the...

This Article explores equality-based arguments for abortion rights, revealing both their necessity and their pitfalls. It first uses the narrowness of the “health exception” to abortion regulations to demonstrate why equality arguments are needed—namely because our legal tradition’s conception of liberty is based on male experience, no theory of basic human rights grounded in women’s reproducti...

Modern legal scholars frequently and increasingly base their analyses on the assumption, grounded largely in the extensive experimental literature, that individuals are subject to a number of systematic behavioral biases. Within the legal literature, behavioral economic analysis has been relied upon to generate a significant number of proposals for paternalistic regulation. These proposals are ...

Abstract Following a seminal definition by Gerald Dworkin, paternalism comprises interventions which interfere with the liberty or autonomy of person, lack concerned person’s consent and are conducted benevolent intention. In paper titled “The Concept Paternalism” Dominik Düber advises abstaining from applying notions in conceptual analysis order to avoid confusion moral preconception regarding...