Private Law and State Paternalism: Too Much Legal Regulation of Private Life?
Journal: International Journal of Nations Research (Vol.6, No. 68)Publication Date: 2021-07-21
Authors : Carlos A. Rohrmann Cristiane Rego;
Page : 43-64
Keywords : Government Paternalism; Private Law; Freedom of Will; Altruistic Status; Totalitarianism;
Abstract
The present article analyzes the adverse effect of paternal management practices of the government, especially the laws and regulations governing the private sector. The government has often taken certain positions by issuing laws and regulations and making decisions in areas such as private sector contracts in which private sector law and freedom of choice have prevailed. Due to the government's supportive position, regulation in the private sector has increased. The judiciary deals with the problems that arise on a daily basis in the private sector, as it sees the private sector as the only social factor through which it can carry out its decisions. Thus, this article seeks to analyze the possible consequences of this altruistic situation. It is worth noting that such a situation is also authoritarian, as it considers individuals to be vulnerable from the outset and minimizes the principles of private sector law. This mindset can eventually turn a democratic system into a totalitarian one.
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