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Grenzen des weichen Paternalismus II – Zwischen Harm-Principle und Unvertretbarkeit

This paper investigates under what circumstances soft paternalistic interventions by the state can be justified. It develops a multi-layered model for the permissibility of such measures, centered on the idea that certain decisions, and certain aspects of decisions, are 'non-substitutable' or essentially 'personal', in the sense that they can neither be deputized nor transferred to another person. These elements must be respected even when the agent is not acting fully autonomously, which forces us to distinguish between different forms of errors and autonomy deficits, according to their relation to the agent's individuality, when assessing the permissibility of paternalistic intervention.