The Effect of Paternalism on the Restriction of Individuals' Private Rights

Subject Areas : Political and International Researches Quarterly

peyman mirhadi ¹ , Mahmood shahidi ² , alireza entezari ³

1 - Graduate of Private Law, Naragh Branch, Islamic Azad University, Naragh, Iran
2 - Assistant Professor, Department of International Relations, Naragh Branch, Islamic Azad University, Naragh, Iran: Corresponding Author
3 - Assistant Professor of Private Law, Naragh Branch, Islamic Azad University, Naragh, Iran

Received: 2021-09-22 Accepted : 2021-09-22 Published : 2021-11-22

Keywords: Paternal Expediencies, Modern Governments, Commutative and Distributive Justice,

Abstract :

Paternal expediency is a phenomenon in which the state-government plays a protective role for members of the society under its paternal protection and decisions. It illustrates the idea that modern governments, in some areas of private law, take over the management and initiative of certain aspects of private law affairs of the society members. This might ultimately lead to a decline in respected principles such as the rule of will.In addition to examining the limiting instances of paternalistic attitudes in the field of private law, this paper will investigate the contrast between such patern­ali­s­t­i­c expediencies of the modern state on the basis of promoting distributive justice, which traditionally supported the weak party in the form of commutative justice, often common in private contracts, in order to determine the incompatibility of independence and autonomy of citizens with the main issue. Identifying the adverse effects of this phenomenon is a step towards establishing desirable justice