| 英文摘要 |
Since its introduction, libertarian paternalism has significantly influenced political praxis, theory and public discourse. Proponents argue that it aligns with liberal democracies by enhancing individual well-being while preserving its freedom of choice. This article examines paternalism and libertarian paternalism, emphasizing a fundamental anthropological shift. Paternalism assumes individu-als are fundamentally rational, with informed consent as its legitimacy corner-stone, even if they occasionally act irrationally. In contrast, libertarian paternal-ism, drawing from behavioral science, posits that humans are systematically irrational and shaped by external factors, necessitating and legitimizing pater-nalistic interventions. I argue that libertarian paternalism, rooted in the assumption of human irrationality, fails to uphold genuine freedom of choice. Its proclaimed freedom remains nominal rather than substantive. |