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It is the habit in much recent literature on paternalism to begin by setting up anti-paternalism as the status quo, and then outlining a supposedly controversial argument for some limited form of paternalism. Yet this form is so common that it is difficult to see anti-paternalism as the status quo any longer. Certainly, ‘paternalism’ is often used as a term of disapprobation in contemporary discourse, and we have many anti-paternalist intuitions, resenting institutions or individuals who interfere in our lives for what they take to be our own good. If the crux of paternalism involves treating an adult like a child – treating someone who is competent to direct their own life as if they were not so competent – then many would consider themselves anti-paternalists. Yet we also have many paternalist intuitions: many believe the state should prohibit slavery contracts, forbid the sale of heroin and require us to wear our seatbelts. 1
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