The Chinese expression “刑法家长主义” can be translated into the English “Legal Paternalism” and other terms. A translation guide for various contexts is provided below.
Contexts
Legal Theory
Translation Equivalents
- Legal Paternalism
Evidence for Translation Approach
According to Che Hao in the China Law Society:
“刑法家长主义:无论是密尔式的家长主义还是哈特式的家长主义，都是借助“家长往往会干涉子女的自我危害行为”这一现象和观念，来比喻国家、政府和法律对公民个人的某种干预。”
According to Joel Feinberg in the Canadian Journal of Philosophy:
“The principle of legal paternalism justifies state coercion to protect individuals from self-inflicted harm, or in its extreme version, to guide them, whether they like it or not, toward their own good. ”
Analysis
This is An academic term and also applied in jurisprudence. In court cases, English-speaking judges are as likely to use a purely descriptive phrase and not the technical terminology here.
Further Research
The above contexts are not necessarily exhaustive and an appropriate English translation for the source Chinese may differ in different social contexts.