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Public Goods, Private Goods (Princeton Monographs in Philosophy #11)
by Raymond GeussMuch political thinking today, particularly that influenced by liberalism, assumes a clear distinction between the public and the private, and holds that the correct understanding of this should weigh heavily in our attitude to human goods. It is, for instance, widely held that the state may address human action in the ''public'' realm but not in the ''private.'' In Public Goods, Private Goods Raymond Geuss exposes the profound flaws of such thinking and calls for a more nuanced approach. Drawing on a series of colorful examples from the ancient world, he illustrates some of the many ways in which actions can in fact be understood as public or private. The first chapter discusses Diogenes the Cynic, who flouted conventions about what should be public and what should be private by, among other things, masturbating in the Athenian marketplace. Next comes an analysis of Julius Caesar's decision to defy the Senate by crossing the Rubicon with his army; in doing so, Caesar asserted his dignity as a private person while acting in a public capacity. The third chapter considers St. Augustine's retreat from public life to contemplate his own, private spiritual condition. In the fourth, Geuss goes on to examine recent liberal views, questioning, in particular, common assumptions about the importance of public dialogue and the purportedly unlimited possibilities humans have for reaching consensus. He suggests that the liberal concern to maintain and protect, even at a very high cost, an inviolable ''private sphere'' for each individual is confused. Geuss concludes that a view of politics and morality derived from Hobbes and Nietzsche is a more realistic and enlightening way than modern liberalism to think about human goods. Ultimately, he cautions, a simplistic understanding of privacy leads to simplistic ideas about what the state is and is not justified in doing.
Public Health Behind Bars: From Prisons to Communities
by Robert B. GreifingerPublic Health Behind Bars From Prisons to Communities examines the burden of illness in the growing prison population, and analyzes the impact on public health as prisoners are released. This book makes a timely case for correctional health care that is humane for those incarcerated and beneficial to the communities they reenter.
Public Health Disasters: A Global Ethical Framework (Advancing Global Bioethics #12)
by Michael Olusegun AfolabiThis book presents the first critical examination of the overlapping ethical, sociocultural, and policy-related issues surrounding disasters, global bioethics, and public health ethics. These issues are elucidated under the conceptual rubric: Public health disasters (PHDs). The book defines PHDs as public health issues with devastating social consequences, the attendant public health impacts of natural or man-made disasters, and latent or low prevalence public health issues with the potential to rapidly acquire pandemic capacities. This notion is illustrated using Ebola and pandemic influenza outbreaks, atypical drug-resistant tuberculosis, and the health emergencies of earthquakes as focal points. Drawing on an approach that reckons with microbial, existential, and anthropological realities; the book develops a relational-based global ethical framework that can help address the local, anthropological, ecological, and transnational dynamics of the ethical issues engendered by public health disasters. The book also charts some of the critical roles that relevant local and transnational stakeholders may play in translating the proposed global ethical framework from the sphere of concept to the arena of action. This title is of immense benefit to bioethics scholars, public and global health policy experts, as well as graduate students working in the area of global health, public health ethics, and disaster bioethics.
Public Health Ethics
by Stephen HollandThe study of public health aims to protect and promote the wellbeing of the public as well as reduce health inequalities. Public health ethics asks how far we should go to achieve these goals, balancing the rights and needs of individuals against those of the community. But what are these and how much weight should be given to each of them? In the third edition of his well-loved textbook, Stephen Holland shows how philosophy is key to evaluating the suitability of public health interventions. Holland explores the key goals of public health ethics in relation to both moral and political philosophy, reflecting on our everyday intuitions about which public health policies are justified. In light of recent developments, he includes new content exploring equity and health inequalities, and on how public health information is gathered and used. The book is updated throughout with material on contemporary cases, such as the COVID-19 pandemic. Public Health Ethics continues to provide a lively, accessible and philosophically informed introduction. As well as being an ideal student text, Holland&’s systematic discussion will engage the more advanced reader and inform scholarship in the field.
Public Health Ethics and the Social Determinants of Health (SpringerBriefs in Public Health)
by Daniel S. GoldbergThis progressive resource places concepts of social determinants of health in the larger contexts of contemporary health ethics and the evolution of social reform. It provides needed analysis of the larger causes behind the immediate causes of illness and epidemics, particularly injustice, systemic inequities, and the cumulative effect of compound disadvantages. This moral approach to collective and individual responsibilities—on the part of practitioners as well as the public—supports a sound blueprint for finding answers to longstanding global and local concerns. Readers are challenged to recognize the critical role of social determinants to their perception of health issues, controversies, and possibilities as the book:· Details the epidemiologic evidence regarding social determinants of health. · Key ethical implications of the evidence regarding social determinants of health. · Considers the role of risky health behaviors in determining population health outcomes. · Addresses ethical questions of priority-setting at the policy and practice levels. · Translates social determinants of health into health policy goals. Half textbook, half monograph, Public Health Ethics and the Social Determinants of Health Is geared toward students in MPH programs as well as public health professionals in diverse contexts such as local health departments and non-profit organizations. It informs public health scientists and scholars, and can also serve as an introductory text for students in public health ethics, or as part of a general applied ethics course.
Public Health in International Investment Law and Arbitration (Routledge Research in International Economic Law)
by Valentina VadiIs a State free to adopt measures to protect the public health of its citizens? If so, what are the limits, if any, to such regulatory powers? This book addresses these questions by focusing on the clash between the regulatory autonomy of the state and international investment governance. As a wide variety of state regulations allegedly aimed at protecting public health may interfere with foreign investments, a tension exists between the public health policies of the host state and investment treaty provisions. Under most investment treaties, States have waived their sovereign immunity, and have agreed to give arbitrators a comprehensive jurisdiction over what are essentially regulatory disputes. Some scholars and practitioners have expressed concern regarding the magnitude of decision-making power allocated to investment treaty tribunals. This book contributes to the current understanding of international investment law and arbitration, addressing the fundamental question of whether public health has and/or should have any relevance in contemporary international investment law and policy. With a focus on the ‘clash of cultures’ between international investment law and public health, the author critically analyses the emerging case law of investment treaty arbitration and considers the theoretical interplay between public health and investor rights in international investment law. The book also explores the interplay between investment law and public health in practice, focusing on specific sectors such as pharmaceutical patents, tobacco regulation and environmental health. It then goes on to analyze the available means for promoting consideration of public health in international investment law and suggests new methods and approaches to better reconcile public health and investor rights.
Public Health in the Age of Anxiety: Religious and Cultural Roots of Vaccine Hesitancy in Canada
by Centre for Studies in Religion & Society Julie Bettinger Maryse Guay Paul Bramadat Rêal RoyPublic Health in the Age of Anxiety enhances both the public and scholarly understanding of the motivations behind vaccine hesitancy in Canada. The volume brings into conversation people working within such fields as philosophy, medicine, epidemiology, history, nursing, anthropology, public policy, and religious studies. Rather than an acrimonious debate between advocates and hesitant patients the contributors critically analyze issues surrounding vaccine safety, the arguments against vaccines, the scale of anti-vaccination sentiment, public dissemination of medical research, and the effect of private beliefs on individual decision-making and public health. These essays model and encourage the type of productive engagement that is necessary to clarify the value of vaccines and reduce the tension between pro and anti-vaccination groups.
Public Health Law: Ethics, Governance, and Regulation
by John Coggon A. M. Viens Keith SyrettPublic health activity, and the state’s public health responsibilities to assure the conditions in which people can be healthy, can only be achieved through different means of social coordination. This places law and regulation at the heart of public health. They are fundamental both to methods of achieving public health goals and to constraints that may be put on public health activity. As such, trainees, practitioners, and leaders in public health need to understand the breadth and nature of wide-ranging legal and regulatory approaches and the place of ethics in public health. Public Health Law, written by three leading scholars in the field, defines and examines this crucial area of study and practice. It advances an agenda whose scope extends far beyond that covered in traditional medical law and health care law texts. The authors provide an account of the scale of contemporary public health policy and practice and explain its philosophical depths and implications and its long legislative and regulatory history. They advance a definition of the field and explore how different legal approaches may serve and advance or constrain and delimit public health agendas. This ground-breaking book presents the field of public health ethics and law and goes on to examine the impact within the UK of private law, criminal law, public law, EU and international law, and ‘softer’ regulatory approaches. It is a primary point of reference for scholars, practitioners, and leaders working in public health, particularly those with an interest in law, policy, and ethics.
Public Health Law
by Lawrence O. Gostin Lindsay F. WileyLawrence O. Gostin's seminal Public Health Law is widely acclaimed as the definitive statement on public health law at the turn of the twenty-first century. In this bold third edition, Gostin is joined by Lindsay F. Wiley to analyze major health threats of our time such as chronic diseases, emerging infectious diseases, antimicrobial resistance, bioterrorism, natural disasters, opiod overdose, and gun violence. The authors draw on constitutional law, administrative law, local government law, and tort law to develop their conception of law as a tool for protecting the public's health. The book creates an intellectual framework for modern public health law and supports that framework with illustrations of the scientific, political, and ethical issues involved. In proposing innovative solutions for the future of the public's health, Gostin and Wiley's essential study provides a blueprint for public and political debates to come. New issues covered in this edition: * Corporate personhood rights raised in response to regulations of tobacco, food and beverages, alcohol, firearms, prescription drugs, and marijuana. * Local government authority to protect the public's health. * Deregulation and harm reduction as modes of public health law intervention. * Taxation, spending, and alteration of the socioeconomic environment as modes of public health law intervention. * Access to health care as a strategy for protecting the public's health. * Taxation, spending, licensing, zoning, and shared-use strategies for chronic disease prevention. * The public health law perspective on violence and injury prevention. * Health justice as a framework for reducing health disparities and protecting the public's health.
Public Health Law and Ethics: A Reader (California/milbank Books On Health And The Public #Vol. 4)
by Lawrence O. Gostin Lindsay F. WileyPublic Health Law and Ethics: A Reader, 3rd Edition probes the legal and ethical issues at the heart of public health through an incisive selection of judicial opinions, scholarly articles, and government reports. Crafted to be accessible to students while thorough enough for use by practitioners, policy makers, scholars, and teachers alike, the reader can be used as a stand-alone resource or alongside the internationally acclaimed Public Health Law: Power, Duty, Restraint, 3rd Edition. This updated edition reader includes new discussions of today’s most pressing health threats, such as chronic diseases, emerging infectious diseases, antimicrobial resistance, biosecurity, opioid overdose, gun violence, and health disparities.
Public Health, Mental Health, and Mass Atrocity Prevention
by Jocelyn Getgen Kestenbaum Caitlin Mahoney Amy Meade Arlan FullerThis multidisciplinary volume considers the role of both public health and mental health policies and practices in the prevention of mass atrocity, including war crimes, crimes against humanity, and genocide. The authors address atrocity prevention through the framework of primary (pre-conflict), secondary (mid-conflict), and tertiary (post-conflict) settings. They examine the ways in which public health and mental health scholars and practitioners currently orient their research and interventions and the ways in which we can adapt frameworks, methods, tools, and practice toward a more sophisticated and truly interdisciplinary understanding and application of atrocity prevention. The book brings together diverse fields of study by global north and global south authors in diverse contexts. It culminates in a narrative that demonstrates the state of the current fields on intersecting themes within public health, mental health, and mass atrocity prevention and the future potential directions in which these intersections could go. Such discussions will serve to influence both policy makers and practitioners in these fields toward developing, adapting, and testing frames and tools for atrocity prevention. Multidisciplinary perspectives are represented among editors and authors, including law, political science, international studies, public health, mental health, philosophy, clinical psychology, social psychology, history, and peace studies.
The Public in Law: Representations of the Political in Legal Discourse (Edinburgh/glasgow Law And Society Ser. #76)
by Gregor Clunie Haris PsarrasBringing together established academics and new researchers, the chapters in this collection interrogate the operation of 'the public' in a range of different legal, illegal and alegal spaces. The key question which frames the contributions is whether and in what manner 'the public' operates as an interface between law and society, allowing the interests and opinions of the population at large to be represented and reflected in legal discourse, such that collectively generated imperatives may be imposed upon political and economic actors. Multi-disciplinary in its approach, the volume reflects an understanding that there is more to the role of 'the public' in relation to law than the conventional demarcation of the field of 'public law' and that this relationship is open to comment from a wide range of actors.
The Public Insult Playbook: How Abusers in Power Undermine Civil Rights Reform
by Ruth ColkerWhen they go low, we learn: an examination of mudslinging in contemporary American politics—and how the left can find its footing to achieve structural reform in this mess. The rules of the public discourse game have changed, and The Public Insult Playbook argues that the political left needs to account for the power of vitriol in crafting their theories for social and political change. With this book, noted constitutional law expert and disability rights advocate Ruth Colker offers insights into how public insults have come to infect contemporary public discourse—a technique not invented by but certainly refined by Donald Trump—and, importantly, highlights lessons learned and tools for fighting back. Public insults act as a headwind and dead weight to structural reform. By showcasing the power of insults across a number of civil rights battlegrounds, The Public Insult Playbook uncovers the structural nature of personal attacks, and offers a blueprint for a legal and political strategy that anticipates the profound but poorly understood damage they can inflict to whole movements. Illustrating how completely the tactic has been adopted and embraced by the American right wing, the book catalogues how public insults have been used against people with disabilities, immigrants, people seeking abortions, individuals who are sexually harassed, members of the LGBTQ community, and, of course, Black Americans. These examples demonstrate both the pervasiveness of the deployment of insults by the political right and the ways in which the left has been caught flat-footed by this tactic. She then uses the Black Lives Matter movement as a case study to consider how to effectively counter these insults and maintain an emphasis on structural reform.
Public Integrity
by J. Patrick DobelIn this groundbreaking book, J. Patrick Dobel describes and analyzes the elements that constitute integrity in public office. Drawing on case studies, memoirs, interviews, and fiction (e. g. , John Le Carré), Dobel addresses such issues as when to resign and when to stay in office. He examines the temptations of power, the relation between private and public life, and the role of honor and prudence in making personal decisions. He applies not only moral theory but also the insights of history, organizational theory, and psychology. Unlike most political ethics books, Public Integrity puts personal responsibility at the center of public morality, examining not just the responsibilities of office but also the role of personal moral commitments and promises. This timely book reminds us of the importance of public integrity as well as the demands and challenges that often threaten that integrity, especially in a liberal democracy such as the United States.
Public Interest Communication: Critical Debates and Global Contexts (Routledge New Directions In Public Relations And Communication Research Ser.)
by Jane Johnston Magda PieczkaCommunication has become the technology of public interest, demanding a re-examination of the key concept of public in both public relations and communication theory. This book defines a new concept of public interest communication, combining the conflict, negotiation and adaptation inherent in public interest, with a critical approach to communication management and public relations. Combining conceptual discussions about public theories of language with the tension between the public and private interests for public relations professionals, the book uses case studies to explore the negotiation of conflicting interests and the construction of the public interest within systems of governance at local, national and international levels. Public interest communication is identified within social and cultural contexts that resonate globally – health, community, media and the environment - each representing interest conflicts within the changing global environment. Addressing the forces of fragmentation, inequality and individualisation that characterize the modern world, this thought-provoking volume will be of great interest to researchers and advanced students of communication, public relations, environmental communication, public communication, and public policy.
Public Interest Law: An Annotated Bibliography & Research Guide (Organizations and Interest Groups)
by Lee Epstein Tracey E. George Joseph F. KobylkaThis volume convincingly lays to rest two held beliefs that have long impeded scholarly analysis of the role of courts and litigation in American politics: 1) that group resort to the courts is a rather recent phenomenon resulting from actions of the Warren Court and the Civil Rights Movement; and 2) that unique and distinctive features of the judiciary somehow place it beyond or outside analytic frameworks used to study and analyze the role, nature and functioning of other governing institutions such as the Congress and the presidency. The title of the volume ~ Public Interest Law Sourcebook -- accurately describes its central purpose and method as descriptive and informative.
Public Interest Law: An Economic and Institutional Analysis
by Burton A. Weisbrod Joel F. Handler Neil K. KomesarWhat is public interest law? How effective is it? What are the limits to litigation as a mechanism for conflict resolution? In this study, economists, lawyers, and sociologists evaluate an institutional form that is new to American society and, indeed, to the world--the public interest law (PIL) organization. The book introduces the reader to the structure, resources, and activities of this "nonprofit industry," and also to the factors that affect PIL firms in their choices of cases and methods of handling them. The authors examine PIL's vast range of contemporary public policy concerns. These incude such general topics as the environment, consumerism, housing, employment discrimination, medical care, occupational health and safety, education finance, and taxation. A number of base studies are presented, and a method for economic analysis and evaluation is introduced and applied. The study points to PIL's success in advocating under-represented interests, in winning courtroom decisions, and in translating legal victories into reallocations of resources. At the same time, it notes the bias of PIL towards test-case litigation, a propensity to focus on judicial victories rather than on real social change, and a tendency to use lawyers even when other types of professionals might be more effective. Many of these problems stem from uncertainty of funding and legal restrictions on "nonprofit" organizations. The result is a set of hurdles that distracts PIL firms from their principal goals. The authors do not limit themselves to PIL, but comment on the effectiveness of legal instruments as devices for social change, and on the behavior of the voluntary nonprofit sector, a little-studied portion of the economy. The book presents a fresh approach to the study of both collective-type economic problems and institutional setting in which public interest law works. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1978.
Public Interest Litigation in Asia (Routledge Law in Asia)
by Po Jen YapThis edited volume is a timely and insightful contribution to the growing discourses on public law in Asia. Surveying many important jurisdictions in Asia including mainland China, Hong Kong, India, Malaysia, Singapore, South Korea and Taiwan, the book addresses recent developments and experiences in the field of public interest litigation. The book offers a comparative perspective on public law, asking crucial questions about the role of the state and how private citizens around Asia have increasingly used the forms, procedures and substance of public law to advance public and political aims. In addition to addressing specific jurisdictions in Asia, the book includes a helpful and introduction that highlights regional trends in Asia. In the jurisdictions profiled, transnational public interest litigation trends have commingled with local dynamics. This volume sheds light on how that commingling has produced both legal developments that cut across Asian jurisdictions as well as developments that are unique to each of the jurisdictions studied.
Public Interest Litigation in International Law (Routledge Research in International Law)
by Justine Bendel and Yusra SuediIn a world of growing public interest over global matters, and criticisms over multilateralism to adequately address them, the role of international courts and tribunals in the resolution of disputes is shifting. A central aspect of this shift is whether and how international courts and tribunals can be used to resolve such disputes in the public interest. This practice, referred to as public interest litigation, is the object of this collection, which identifies some recent developments, trends and prospects in this growing practice. Its aim is to assess the degree to which the bilateral design of international courts and tribunals can adapt to the shift towards a public approach to international litigation. Engaging with various fields where public interest litigation exists - such as human rights, climate change, global health and criminal law - it identifies recent developments, trends and prospects in this practice. The selected pieces provide a flavour of the types of issues that have arisen before international judicial bodies - for instance the International Court of Justice, the International Tribunal for the Law of the Sea, international arbitral tribunals, regional human rights bodies or criminal courts - and explores issues that may arise in the future.
Public Interest Rules of International Law: Towards Effective Implementation (The\ashgate International Law Ser.)
by Teruo KomoriThis book clarifies factors that play an important role in securing the effectiveness of legal regimes that aim to protect public interests of the international community. In Part 1, the authors focus on theoretical problems arising in the implementation process of those legal regimes from both a constitutional and functional perspective. In Parts 2 through Part 4, they pay attention to practical issues in the implementation process of particular legal regimes, in light of what interpretation or measures are legitimate from the perspective of protecting public interests. This book incorporates an idea of public law into the theoretical framework of international law which has been mainly constructed on the theory of private law in domestic legal systems. In contrast to many books which focus on the role of the procedural and material factors in the implementation process of various institutions and rules, this book emphasises the role of normative factors in securing effectiveness of public interests-oriented rules and is a valuable resource for both academics and policy makers working in this area.
Public International Law
by Emily Crawford Alison Pert Ben SaulPublic international law is a global legal system which regulates the conduct of countries and other actors. Public International Law offers Australian students a comprehensive and accessible introduction to international law. Covering the fundamental topics of international law – including treaties, use of force and dispute settlement – this text also discusses specialised branches such as humanitarian law, criminal law and environmental law. The key principles and theories of international law are clearly explained and analysed, and their application is illustrated by succinct, carefully chosen extracts from cases and materials. These sources strike a balance between key international cases and important cases from domestic legal systems. Discussion questions at the end of each chapter encourage students to apply and test their understanding of each topic, while a glossary of key terms clearly explains complex concepts. Written by an expert author team, Public International Law is a fundamental resource for Australian students of international law.
Public International Law: A Multi-Perspective Approach
by Sué González Hauck Raffaela Kunz Max MilasPublic International Law: A Multi-Perspective Approach is a comprehensive yet critical introduction to the diverse field of public international law. Bringing together a unique range of perspectives from around the world and from different theoretical approaches, this textbook introduces both the overarching questions and doctrines of public international law, as well as the specialised sub-fields. These include emerging fields such as international law in cyberspace, international migration law, and the international climate regime. The book includes numerous case examples, references to debates and controversies in the literature, and focus sections addressing topics in more depth.Featuring an array of pedagogical features, including learning objectives, suggested further reading and resources, and QR codes to interactive exercises, this book is ideal for students studying this field for the first time and also offers something new for students who would like to deepen their knowledge via a diverse and engaging range of perspectives.The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-ShareAlike (CC-BY-SA) 4.0 License.
Public International Law
by Alina Kaczorowska-IrelandThe 5th edition of Public International Law continues the book's accessible, student-friendly tradition with a writing style that is both conversational and easy to read. Features designed to support learning include highlighted key cases, introductory chapter overviews, and end-of-chapter aides-mémoire and recommended further reading. Public International Law is unique in that it is both a textbook and a casebook. The facts of each case and the details of the court or tribunal's decision are succinctly set out, followed by detailed commentary from the author, and, where appropriate, a brief explanation of subsequent events. The book covers all the major areas of public international law, and takes account of new developments relating to the codification of international law by the International Law Commission, State practice, and decisions of international courts and tribunals, in particular those of the International Court of Justice. Features new to this edition: A new dedicated chapter on the law of the sea Diagrammatic aides-mémoire at the end of each chapter Expanded coverage of the US approach to international law via its courts and executive. This book is an ideal learning tool for students of law or political science and provides a clear and straight-forward overview for anyone with an interest in the subject. Alina Kaczorowska-Ireland is Professor of International and EU Law at the University of the West Indies, Cave Hill Campus, Barbados. She is also author of the Routledge textbook, EU Law.
Public International Law
by Alina Kaczorowska-IrelandThe sixth edition of Public International Law continues the book’s accessible, student-friendly tradition with a writing style that is both conversational and easy to read. Uniquely both a textbook and a casebook, the facts of each case and the details of decisions are succinctly set out, followed by detailed commentary and, where appropriate, a brief explanation of subsequent events. Fully up to date with all recent developments, the sixth edition covers the major areas of public international law and examines the leading cases of the International Court of Justice and other international courts and tribunals, whilst paying attention to judgments of national courts, including the UK Supreme Court, the US Supreme Court, and courts of many other countries when they make challenging or novel contributions to international law. Features designed to support learning include highlighted key cases, introductory chapter overviews and concise outlines, and recommended further reading. New to this edition are study boxes which apply public international law to recent events and examine controversial legal issues in a constructive way, including the ongoing armed conflict between Russia and Ukraine, the murder of Jamal Khashoggi, and the judicial battle of Julian Assange. Diagrammatic aides-mémoires at the end of each chapter have also been updated to further summarise topics covered in that chapter. This book is an ideal learning tool for students of law or political science, practitioners, and legal advisors and provides a clear and straightforward overview for anyone with an interest in international law.