Volume : IV, Issue : VIII, August - 2015

The analysis of the effect of state paternalism on the private life of its members

Azam Bahmani

Abstract :

This article seeks to investigate the conflicting effect of paternalistic attitudes of the State, especially the legal regulation of private life. Often, the State has undertaken certain roles through the issuance of rules and legal decisions in areas where Private Law and freedom of choice has dominated, such as private contracts. Due to the protectionist position of the State, legal regulation of private life has escalated. The Judiciary accurately answers questions posed daily in private orbit since it is taken into account as the only social actor capable of making its own decisions. Thus, this study attempts to examine the likely consequences of this state altruistic posture. It is worth noting that such a posture is authoritative in the meantime because individuals seem to be perpetually defenseless and decreases principles of Private Law. This, finally, could lead from a democratic system to an authoritarian one.

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Article: Download PDF   DOI : 10.36106/ijsr  

Cite This Article:

Azam Bahmani The analysis of the effect of state paternalism on the private life of its members International Journal of Scientific Research, Vol : 4, Issue : 8 August 2015

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