Eleven years ago, philosopher Robert E. Goodin published No Smoking: The Et
hical Issues. Goodin argued that the liberty of smokers can be justifiably
limited for two reasons: to prevent harm to third persons and to prevent ha
rm to smokers themselves under circumstances which make their decision to s
moke substantially non-autonomous. In this article Thaddeus Pope reexamines
the harm principle and the soft paternalism principle in light of more rec
ent legal developments, gives them additional content, and carefully demarc
ates the justificatory scope of each. Pope also defines and defends a third
liberty-limiting principle, hard paternalism, arguing that the liberty of
smokers might be justifiably limited even when their decision to smoke is s
ubstantially autonomous.