Paternalism and Health Law: Legal Promotion of a Healthy Lifestyle

In: European journal of risk regulation: EJRR ; at the intersection of global law, science and policy, Band 4, Heft 3, S. 347-363

Abstract

Research in lifestyle risks is becoming more and more important, particularly with reference to what is generally known as "unhealthy diets". The Law is now firmly established as a prominent instrument of Public Health. There are several distinctive methods of legal intervention targeted at counteracting overweight and promoting healthier lifestyles. In this paper we examine several measures that have been adopted and discuss whether Law should foster healthy diets. Our purpose is to examine the threats of falling into a paternalistic attitude when devising any regulatory intervention aimed at promoting a healthier lifestyle.