Public Health Law and Ethics: A Reader

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University of California Press, 2002 - Law - 523 pages
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This incisive selection of government reports, scholarly articles, and court cases is designed to illuminate the ethical, legal, and political issues in the theory and practice of public health. A companion to the internationally acclaimed Public Health Law: Power, Duty, Restraint, this collection encourages debate and discourse about how courts, scholars, and policy makers respond to the salient legal and ethical dilemmas. The excerpts and commentaries in the reader analyze the legal and constitutional foundations of public health, juxtaposing them with the emerging importance of public health ethics and human rights. The book offers a systematic account of public health law, ethics, and human rights in promoting the common good.
Gostin provides thoughtful commentary on the field of public health and carefully explains the meaning and importance of each selection. Scholars, legislators, and public health professionals, as well as faculty and students in schools of law, public health, medicine, nursing, government, and health administration, will benefit from the contemporary case studies covering a wide range of topics from bioterrorism to public health genetics. This incisive selection of government reports, scholarly articles, and court cases is designed to illuminate the ethical, legal, and political issues in the theory and practice of public health. A companion to the internationally acclaimed Public Health Law: Power, Duty, Restraint, this collection encourages debate and discourse about how courts, scholars, and policy makers respond to the salient legal and ethical dilemmas. The excerpts and commentaries in the reader analyze the legal and constitutional foundations of public health, juxtaposing them with the emerging importance of public health ethics and human rights. The book offers a systematic account of public health law, ethics, and human rights in promoting the common good.
Gostin provides thoughtful commentary on the field of public health and carefully explains the meaning and importance of each selection. Scholars, legislators, and public health professionals, as well as faculty and students in schools of law, public health, medicine, nursing, government, and health administration, will benefit from the contemporary case studies covering a wide range of topics from bioterrorism to public health genetics.
 

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Contents

Public Health Law Ethics and Human Rights Mapping the Issues
xxix
FOUNDATIONS OF PUBLIC HEALTH LAW AND ETHICS
17
Public Health The PopulationBased Perspective
19
Public Health Ethics The Communitarian Tradition
63
Human Rights and Public Health
91
Reasoning in Public Health Philosophy Risk and Cost
123
THE LAW AND THE PUBLICS HEALTH
155
Public Health Duties and Powers
157
Surveillance and Public Health Research Privacy and the Right to Know
291
Health Promotion Education Persuasion and Free Expression
331
Biological Interventions to Control Infectious Disease Immunization Screening and Treatment
373
Restrictions of the Person Civil Confinement and Criminal Punishment
411
THE FUTURE OF PUBLIC HEALTH
441
Vision and Challenges Case Studies on Emerging Infections Bioterrorism and Public Health Genetics
443
Bibliography
483
Table of Cases
505

Public Health and the Protection of Individual Rights
199
Public Health Regulation of Property and the Professions
225
Tort Litigation for the Publics Health
261
TENSIONS AND RECURRING THEMES
289

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About the author (2002)

Lawrence O. Gostin is Professor of Law at Georgetown University and Professor of Public Health at the Johns Hopkins University. He also serves as Director of the CDC Collaborating Center for Law & the Public's Health. His publications include Public Health Law: Power, Duty, Restraint (California, 2000) and Public Health and Human Rights in the AIDS Pandemic (1997).

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