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You are here > Home > Reading Lists > Law, Ethics, Malpractice, Accreditation & Compliance Books > Public Health Law

Public Health Law: Power, Duty, Restraint, 2nd Edition
Lawrence Gostin

Paperback: 518 pages
ISBN 0520253760
978-0520253766
University of California Press
October 2008
(click button below for the very best currently available price for this important resource)

 

Lawrence O. Gostin's timely book offers the systematic definition and theory of public health law. 

Basing his definition on a broad notion of the government's inherent responsibility to advance the population's health and well-being, Gostin develops a rich understanding of the government's fundamental powers and duties. By analyzing constitutional powers and limits, as well as statutory, administrative, and tort law, Public Health Law vividly shows how law can become a potent tool for the realization of a healthier and safer population.

Gostin demonstrates that while regulation achieves powerful public goods, it often does so at the expense of private rights. Consequently, in thinking about public health regulation, he takes a hard look at the tradeoffs-between the common welfare on the one hand and the personal burdens and economic interests of individuals and businesses on the other.

Public Health Law creates an intellectual framework for the field of public health-as distinct from related fields that center on personal health care delivery and regulation-and supports that framework with rich material illustrating the intellectual, scientific, political, and ethical issues involved. It provides the basis for cross-disciplinary exchange between law and the various allied public health disciplines and complements texts in the fields of AIDS, human rights, health care, and health law. In proposing innovative solutions for the future of public health, Gostin's essential study provides a blueprint for future public and political debates on the questions encompassed by this vital and burgeoning field engenders.

Public Health Law has been widely acclaimed as the definitive statement on public health law at the start of the twenty-first century. Lawrence O. Gostin's definition was based on the notion that government bears a responsibility for advancing the health and well-being of the general population, and the book developed a rich understanding of the government's powers and duties while showing law to be an effective tool in the realization of a healthier and safer population. In this second edition, Gostin analyzes the major health threats of our times, from emerging infectious diseases and bioterrorism to chronic diseases caused by obesity.

Table of Contents:

  List of Illustrations  
  List of Tables  
  Abbreviations  
  Foreword  
  Preface  
  Acknowledgments  
1 Theory and Definition of Public Health Law 3
2 Public Health in the Constitutional Design 25
3 Constitutional Limits on the Exercise of Public Health Powers: Safeguarding Individual Rights and Freedoms 61
4 Public Health Regulation: A Systematic Evaluation 85
5 Public Health Information: Personal Privacy 113
6 Health, Communication, and Behavior: Freedom of Expression 145
7 Immunization, Testing, and Screening: Bodily Integrity 175
8 Restrictions of the Person: Autonomy, Liberty, and Bodily Integrity 203
9 Economic Behavior and the Public's Health: Direct Regulation 237
10 Tort Law and the Public's Health: Indirect Regulation 269
11 Public Health Law Reform 309
  Notes 329
  Selected Bibliography 449
  Table of Cases 465
  Index 483
  About the Author 491

Lawrence O. Gostin is Associate Dean and the Linda D. and Timothy J. O'Neill Professor of Global Health Law at the Georgetown University Law Center, where he directs the O'Neill Institute for National and Global Health Law. Dean Gostin is also Professor of Public Health at the Johns Hopkins University and Director of the Center for Law and the Public's Health (a WHO and CDC Collaborating Center) and is Visiting Professor of Public Health (Faculty of Medical Sciences) and Research Fellow (Centre for Socio-Legal Studies) at Oxford University.

(information provided by the publisher)

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