Smoking, progressive liberalism, and the law
Bibliographic Data
| ID | 6252410 |
|---|---|
| Authors | Ken I Kersch (corresponding author) |
| Year | 2004 |
| Volume | 16 |
| Issue | 4 |
| Pages | 405-429 |
| Publication date | 2004-01-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Critical Review (JOURNAL) |
| Journal identifiers | ISSN: 0891-3811 • E-ISSN: 1933-8007 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/08913810408443617 |
| OpenAlex | W1980423531 |
| Language | EN |
| References cited | 32 |
In his dissection of the 1998 tobacco settlements, W. Kip Viscusi provides a window on how the ostensibly liberal public philosophy behind the modern American regulatory state betrays its foundational commitments. Animated by a moralizing concern with preventing harm to self, and a leftist antagonism towards corporate capitalism, “progressive liberalism” at first foundered in its war against the tobacco industry in the face of traditional liberal counterarguments about individual autonomy, knowledge of risk, and choice. Only when progressive liberals translated their paternalist impulses into science‐centered arguments about ignorance and addiction, which involve barriers to autonomous choice and harm to others, did they succeed in turning the legal and regulatory tide against smoking. This dynamic raises questions about the future of individual autonomy in a science‐centered, progressive‐liberal modern polity
Autonomy · Capitalism · Classical liberalism · Harm · Ignorance · Individualism · Law and economics · Liberalism · Paternalism · Political economy · Political science · Politics · Polity · Sociology · Academic Freedom and Politics · American History and Culture · American Political and Social Dynamics · Law
The people's welfare
Anarchy, State, and Utopia
The Constitution besieged
Up in Smoke
Natural Right and History
Risk and Blame
Just Health Care
Capitalism and Freedom
Distorting the Law
The Role of the Judge in Public Law Litigation
The structure of scientific revolutions
Anarchy, State, and Utopia
Capitalism, Socialism and Democracy
Cigarette Smokers as Job Risk Takers
How the Personal Becomes Political
The Emergence of Professional Social Science
Ashes to Ashes
Ashes to Ashes
Risk and Blame
The Welfare State
The Emergence of Professional Social Science
Science at the Bar
| Highly cited | No |
|---|