Die Grenzen zwischen Paternalismus und Liberalismus im modernen Rechtsstaat

The central element of ‘legal paternalism’ is not the protection of the individual from self-harm, but the state's interference in the individual's right to self-determination and autonomy. Legal paternalism is an inevitable consequence of the legal system and cannot be abolished as long as this system exists. The precise limits of such interference must therefore be defined. In the case of post-mortem organ donation, three aspects are important: state paternalism, the protection of legal interests and the duty of tolerance in an emergency. These limits also show the limits of legal liberalism. The aim of this paper is to identify new solutions.