Autonomy, paternalism and consensual harm
Discuss the ethical implications of regulating potentially harmful activities, such as extreme sports or certain sexual practices.
LNAT Section B ยท Founder's essay plan
The essay question
What are the ethical implications of regulating potentially harmful activities, such as extreme sports or certain consensual sexual practices?
The plan
Stance: Against heavy regulation โ autonomy and proportionality trump paternalistic bans.
Jurisdiction: UK/ECHR with comparative examples. Word target: 750.
Author's own note: similar to the "is our law a mess" essay question โ read that more.
Definitions
- Regulating: State-imposed restrictions, ranging from outright bans to licensing and safety standards.
- Potentially harmful activities: Voluntary practices carrying risk to participants โ e.g., BASE jumping, BDSM, boxing. Crucially, these involve consenting adults, not non-consensual harm.
- Ethical implications: Questions of autonomy, paternalism, dignity, fairness, harm to others, and societal values.
Assumptions Under Challenge
- That the state is justified in restricting self-regarding harms (paternalism).
- That all harm is ethically relevant in the same way, regardless of consent or scope.
- That regulation is the most effective or proportionate way to reduce risk.
Point 1 โ Autonomy and the Harm Principle
Distinctness: Focuses on liberty as self-determination, unlike later points which explore social harms and justice.
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