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The Slow Transition of U.S. Law Toward a Greater Emphasis on Prevention


Thaddeus Mason Pope


Hamline University - School of Law; Queensland University of Technology - Australian Health Law Research Center; Saint Georges University; Alden March Bioethics Institute


PREVENTION VS. TREATMENT: PHILOSOPHICAL, EMPIRICAL AND CULTURAL REFLECTIONS, Chapter 10, Halley S. Faust, Paul T. Menzel, eds., Oxford Univ. Press, 2011
Widener Law School Legal Studies Research Paper No. 11-01

Abstract:     
United States law has long emphasized treatment over prevention. Only over the past decade have legal measures begun to materially target many of the root causes of morbidity and mortality. This revitalization of public health law is long overdue. But it presents difficult (and, as yet, largely unanswered) ethical and policy questions.

This Chapter has four primary aims. First, it describes the traditional neglect of public health law. Second, it describes a built-in bias of the common law toward treatment over prevention. Third, this Chapter describes many of the most notable recent legal developments that increasingly emphasize the prevention, rather than the medical treatment, of health problems. Fourth, this Chapter examines normative problems raised both by these new, more paternalistic public health laws and by others that are likely to follow.

Number of Pages in PDF File: 52

Keywords: prevention, health, public health, treatment, health law, ethics, health policy, tort law

JEL Classification: K32, I18


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Date posted: January 5, 2011 ; Last revised: November 6, 2013

Suggested Citation

Pope, Thaddeus Mason, The Slow Transition of U.S. Law Toward a Greater Emphasis on Prevention. PREVENTION VS. TREATMENT: PHILOSOPHICAL, EMPIRICAL AND CULTURAL REFLECTIONS, Chapter 10, Halley S. Faust, Paul T. Menzel, eds., Oxford Univ. Press, 2011; Widener Law School Legal Studies Research Paper No. 11-01. Available at SSRN: http://ssrn.com/abstract=1734405

Contact Information

Thaddeus Mason Pope (Contact Author)
Hamline University - School of Law ( email )
875 Summit Avenue
Saint Paul, MN 55105
United States
651-695-7661 (Phone)
901-202-7549 (Fax)
HOME PAGE: http://www.thaddeuspope.com
Queensland University of Technology - Australian Health Law Research Center ( email )
2 George Street
Brisbane, Queensland 4000
Australia
Saint Georges University ( email )
West Indies
Grenada
HOME PAGE: http://www.thaddeuspope.com
Alden March Bioethics Institute ( email )
47 New Scotland Ave
MC 153
Albany, NY 12208
United States
HOME PAGE: http://www.thaddeuspope.com
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