What role does legal paternalism assign to the law and government?

Legal paternalism positions the law and government in a role akin to that of parents protecting their children. This concept emphasizes that the state has the authority to intervene in the lives of individuals for their own good, particularly when those individuals may not be in a position to make fully informed decisions about their welfare.

The underlying rationale is the belief that the government should take steps to safeguard individuals from harm, even if those individuals do not recognize or acknowledge the potential risks to themselves. This philosophy reflects the notion that the law can play a protective role, akin to that of a responsible parent, ensuring the well-being of its citizens by restricting certain freedoms or actions that could lead to self-harm or societal detriment.

This differs significantly from the other roles mentioned. For example, evaluating societal needs would be more aligned with a utilitarian approach where the law assesses the greater good rather than protective intervention. Enforcing individual rights focuses on restraining government power to maintain personal freedoms rather than paternalistic protection. Finally, interpreting moral values typically relies on societal norms rather than a paternal protectionist stance. Thus, legal paternalism distinctly favors a protective and guiding role for the law and government.