Abstract

This paper proposes a novel reinterpretation of the familiar, if inchoate, thought that paternalism offends against an ideal of personal sovereignty. The central idea is that (competent) persons have a particular kind of normative power. Just as each of us has the right to control whether others are permitted to use our bodies or property, we each have a structurally similar right to control whether others are permitted to use our good. When others seek to benefit us without adequately consulting our will, they trespass into a domain that is ours to control, treating us as lacking rights that we in fact have. The paper argues that this theory of anti-paternalism is superior to existing accounts, is independently attractive, and rests on deeper foundations.