Nudging: Das Konzept eines liberal paternalism

Abstract

Just a nudge into the right direction? It is in line with this maxim that the behavioural theory of liberal paternalism - recently met with increasing worldwide attention and approval - suggests to motivate citizens to healthy and sustainable decisions through a “nudge” by the state rather than legal compulsion. The article at hand examines if the use of nudges in German health law is expedient and in accordance with the constitution. In a first step it therefore lays out the fundamentals of the concepts and a second step presents possible examples of application which will then be critically examined.