This is a statement and it then says to write a few paragraphs explaining it and whether or not I agree with it. However, I have no clue what it means and I have tried looking up what it means but I have had no luck what so ever! I am against smoking and any help to this statement would be helpful! Just more of an explanation would be awesome.
Thanks in advance! :)Anti-smoking legislation is legal paternalism and does not conform to the principles of positive law?
Paternalism refers to an attitude or a policy reminiscent of the hierarchic pattern. Positive law is a legal term that is sometimes understood to have more than one meaning. In the strictest sense, it is law made by human beings, that is, "Law actually and specifically enacted or adopted by proper authority for the government of an organized jural society.
The people who are the upper society or Govt are making the laws/anti-smoking legislation with out being of the proper branch of Govt. I think it means that lawyers and not medical professionals are creating the anti-smoking legislation based on them simply being of a law status to decide the issues. It's like sentencing a drug addict to prison instead of drug treatmentAnti-smoking legislation is legal paternalism and does not conform to the principles of positive law?
A whole class of legislation is paternalistic in this sense -- seat belt laws, motorcycle helmets, etc. But, it turns out there are societal consequences beyond the harm to the individual.Anti-smoking legislation is legal paternalism and does not conform to the principles of positive law?
The USA used to be a free country.
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