Legal Philosophical Study of the Modern Paternalism Phenomenon

Paternalism is the intervention of the government or an individual in another individual's affairs, against his will, and in the defense and encouragement of this intervention, it is claimed that the person being interfered in this way is safe from harm and finds better conditions. Some authors have investigated and analyzed the favorable and unfavorable effects of these attitudes and paternal support in different political and legal systems of the world. The descriptive-analytical research method was collected using library sources. In the issue of paternalism, the conflict between public and private rights and finally respect for respectable principles such as the sovereignty of the will, autonomy, independence of vote and the right to make decisions are raised, which some thinkers are trying to find a way to establish a balance between them. Therefore, for a better understanding of this phenomenon, in the upcoming article, it is necessary to examine the normative opinions and findings of experts about the justification of paternalism. Finally, according to some researchers, the problem of paternalism can be measured with the category of justice, so that by examining concrete examples of paternalism in every society, regardless of their political and legal systems, it is possible to guarantee the achievement of desirable goals such as increasing welfare, happiness, and meditation. And defending the weak-minded people and providing for their needs and interests, the fields of abuse and increasing manipulation of legislation under the above-mentioned excuses to some extent diminished. Because the paternal government is like a family that no one can question its authority, so the main goal for modern governments here is to unite with the society.