A Prescription of Legal Policy for the Medical Issues from the Perspective of Paternalism

Abstract

This presentation addresses the issues of paternalism in the present medical setting and explores the prescription for the policy for the issues. Four fundamental concepts of Bioethics and four grounds of legal restriction on individual freedom and self-determination are reviewed. The cases and arguments based on paternalism are then identified. Moreover, the so-called Libertarian Paternalism based on the insights of behavioral economics presented by Professor Cass Sunstein is focused and the policy implication of the Nudge strategy is examined.