I think that it is long past time – maybe too late, in fact, to save our current society – for us to question the efficacy of law and strict legality to determine, shape and control the good society. That is, the idea that because a majority doesn’t like some things or has determined – in a very general way – that the hazards of the thing outweigh the benefits that it may provide, therefore legal sanctions need to be applied and punishment meted out for “violation” of the rule.
I’m drawn to the comment that @jca made that “if smoke were not an issue, it wouldn’t be outlawed in the majority of public places”. Well, to cite some serious examples – even if extreme in comparison to this topic – at one time it was illegal for American citizens of Japanese ancestry to own property, to operate businesses, or simply to live in proximity to the Pacific Coast of the United States, and a worse example, of course, was the prohibition upon pain of death to be Jewish in Europe. Law isn’t right just because it’s made, and even if a majority of people applaud it. Likewise, it doesn’t fix problems. It certainly doesn’t make places better to live in all by itself.
Obviously, we can all point to some wrongs in the world and say, for example, that “Surely murder should be outlawed!” And the unthinking response from most is that of course it must be, we can’t have people murdering each other on a whim! But… it’s not so simple if you take some time to think about it. Because sometimes “murder” is clearly condoned, even applauded and celebrated. We give soldiers medals for it. We train bomber pilots to do it coldly, with precision, en masse, in hugely expensive planes, killing people they can’t even see, and we expect them to “do their duty” when the time comes. We hold up as heroes children who “murder” home intruders who threaten their families with criminal intent. So the restrictions against killing humans are certainly not absolute, which leads us to create laws to determine what kinds of homicide are permitted and which kinds are prohibited, and the gradations of homicide, from the kinds that are applauded and awarded medals to the kinds that involve defense of self and others… to the kinds we generally frown upon: those that happen through negligence, drunken rage… or premeditated murder for monetary gain or revenge. Those legal distinctions help us to determine “objectively” when to celebrate, when to condone without actual celebration, and when to punish, and approximately how much, because not even every illegitimate killing is equal to every other, either.
When we get down to it, all law is based upon a premise that it can be ultimately used to justify a police killing of a person who flatly and persistently refuses to obey the law. So when a guy tries to cheat tax authorities in a very small-time way by selling loose (untaxed) cigarettes on a public street and won’t stop when commanded to by police, they have the authority – the duty, in fact, under our legal code and rules – to arrest him for the continued refusal to obey, and if his death is a result (even if it’s from a heart attack, and not direct action by the cops), then the legal response is a sort of “He had it coming; he was breaking the law.” Clearly that’s an extreme example; most laws are made to compel with more and more gradual use of force and threat of force so that the violator ceases his “misbehavior” before lethal force is employed. But the threat of lethal force is always there in enforcement. Always.
And that’s why I ultimately come down on the side of making various kinds of not-directly-lethal behavior not-illegal. I don’t like smoking. I also don’t like perfume any more than @Darth_Algar has expressed his antipathy for it. I don’t like loud noises in the street by my house, either. In my fantasies sometimes I dream of mounting a machine gun turret outside my living room to take out intentionally loud motorcyclists – and litterers – and I am not shy about displaying my displeasure with those people from time to time. So, I would like them to change their behavior (or die; that wouldn’t bother me too much, either), but if I’m not about to kill them myself – and aside from my sometimes rich fantasy life, I’m really not ready for that yet – then I don’t expect anyone to do it on my behalf, either.
As @Darth_Algar says very well (although not in these exact words), part of the price of living in civilized, free and polite society means sometimes (maybe even more often than not) tolerating the things that other people do which inconvenience or annoy us.