This volume deals with the problem of paternalism within the criminal law discourse. Autonomy, free will, the well-being of the persons and the limits of penalization are the crucial issues. In contradistinction to the moralizing and overprotecting stance of a maximal penal law in cases where paternalism is an issue, the proponents of autonomy and respect of free will vote for the total or almost total withdrawal of criminal law from this field. The volume is divided in two parts. In the first part paternalism is viewed as a general problem concerning wider contexts having to do with the criminal law discourse at a meta-theoretical level, as well as with certain problems of constitutionalism. The second part deals with specific criminal law issues.
I.
Paternalism, Constitutionalism
and Criminal Law Discourse
Stergios Mitas
Lecturer in Legal Philosophy at the School of Law,
University of Nicosia
Justice and Virtue: The “My Body, My Choice” Debates Revisited,
3in the Light of an – Often Overlooked – Kantian Distinction
Konstantinos Kalliris
Senior Lecturer in Law at Leicester De Montfort Law School
19Liberalism, Paternalism and Diversity
Vasiliki Christou
Teaching Associate at the Political Sciences Department,
University of Athens
45Affordable Care Act: Is the Individual Mandate Paternalistic or Liberal?
Felix Herzog
Professor in Criminal Law, Criminal Procedure and Jurisprudence
at the Law Faculty, University of Bremen
61Forced into Altruism?
Charis Papacharalambous
Associate Professor in Criminal Law and Law Theory
at the Law Department, University of Cyprus
69Paternalism and its Significance in Criminal Law
Elisabeth Symeonidou-Kastanidou
Professor of Criminal Law at Aristotle University of Thessaloniki
109Self-Destructiveness as a Problem of Criminal Law
VI Contents
II.
Specific Criminal Law Issues
Nestor Courakis
Professor at the School of Law, University of Nicosia
Member of the European Academy of Sciences and Arts
Self-Defense as a Domain of Moderate Paternalism:
135The Need for Social Solidarity and Cohesion
Georgios Giannoulis
Assistant Professor of Criminology and Penitentiary Science
at the School of Law, University of Athens
Criminological, Legal and (Bio-)Ethical Aspects of Involuntary
Placement and Treatment of Persons with Mental Health Problems
147and the Question of Paternalism
Vagia Chr. Polyzoidou
Lecturer in Criminal Law at the School oaf Law, University of Nicosia
167Paternalism and Over-Criminalization: The Example of Child Pornography
John Gkountis
Scientific Assistant at the Criminal Sciences Sector, University of Thrace
Legal Paternalism: The Enforcement of Autonomy Restricting Standards
189in Medicine by Means of the Criminal Law
Themistoklis Sofos
Dr. iur. (Bonn), Attorney-at-law, Athens
211Informed Consent by the Treating Health Care Provider
219Contributors
