医療の進歩と法政策 : パターナリズム論による診断(医療政策と法-医療を取り巻く諸政策を中心として-,【連続シンポジウム】岡山発「わが国の政策課題への処方箋」)

抄録

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.