What is the stance of legal paternalism on discretion within the law?

Legal paternalism is an approach within the law that promotes the idea that individuals can be protected from their own decisions for their own good. This perspective often justifies the imposition of certain laws and regulations that limit individual freedom in order to prevent harm and promote welfare. In this framework, discretion within the law is discouraged, as it can lead to inconsistencies and potential biases in enforcing laws. The emphasis is on fairness and equal treatment under the law, suggesting that personal discretion could undermine these principles and lead to unequal application of legal standards.

By discouraging discretion, legal paternalism seeks to create a more uniform and predictable legal environment, ensuring that the aim of protecting individuals is upheld regardless of different circumstances or individual interpretations of the law. This approach aligns with the notion that laws should be applied consistently to maintain fairness and protect individuals, rather than leaving the outcomes to varying enforcement decisions based on personal judgment.