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Public Health Law: Power, Duty, Restraint (California/Milbank Series on Health and the Public)
Public Health Law Power Duty Restraint - California/Milbank Series on Health and the Public Author:Larry O. Gostin Lawrence O. Gostin's timely book offers the first 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 consti... more »tutional 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.« less