Can Paternalism Offer a Distinction?
Still intent on denying any philosophical inconsistency, one might argue that murder, on the one hand, and underage drinking and smoking, on the other, are quite distinct phenomena. In the case of murder, a person irreparably harms another human being (and the victim’s loved ones). In the case of underage smoking and drinking, by contrast, a person harms him or herself. Because drinking and smoking are self-destructive acts, it follows that laws against underage drinking and smoking are inherently paternalistic measures intended to protect the young. Seen in that light, one might argue, young people are victims of the manufacturers, just as Dave is a victim of John. To the extent that we accept this distinction, laws against underage use of cigarettes and alcohol are meant to protect the underage user and not a third party. Therefore, enforcement of such laws need not resemble that of laws against murder, which are designed exclusively for the protection of innocent victims. The murder
