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  1. Public Health and the Rights of States.A. Miklos - 2009 - Public Health Ethics 2 (2):158-170.
    When exercising their public health powers, states claim various rights against their subjects and aliens. The paper considers whether public health considerations can help justify some of these rights, and explores some constraints on the justificatory force of public health considerations. I outline two arguments about the moral grounds for states’ rights with regard to public health. The principle of fairness emphasizes that those who benefit from public health measures ought to contribute their fair share in upholding them. Alternatively, states’ (...)
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  • Mapping the Scope and Opportunities for Public Health Law in Liberal Democracies.Roger S. Magnusson - 2007 - Journal of Law, Medicine and Ethics 35 (4):571-587.
    The two questions, “What is public health law?” and “How can law improve the public's health?” are perennial ones for public health law scholars. This paper proposes a framework for conceptualizing discussion and debate about the scope and opportunities for public health law within liberal democracies. Part 2 of the paper draws selectively on this framework in order to highlight some areas where law's potential role deserves greater acknowledgment and exploration.
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  • Mapping the Scope and Opportunities for Public Health Law in Liberal Democracies.Roger S. Magnusson - 2007 - Journal of Law, Medicine and Ethics 35 (4):571-587.
    The two questions, “What is public health law?” and “How can law improve the public’s health?”, are perennial ones for public health law scholars. They are ideological questions because perceptions about the proper boundaries of law’s role will shape perceptions of what law can do, in an operational sense, to improve health outcomes. They are also theoretical questions, in the sense that, without closing down debate about the limits of public health law, these questions can be addressed by mapping the (...)
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  • Global Health Law, Ethics, and Policy.Lawrence O. Gostin & James G. Hodge - 2007 - Journal of Law, Medicine and Ethics 35 (4):519-525.
  • Global Health Law, Ethics, and Policy.Lawrence O. Gostin & James G. Hodge - 2007 - Journal of Law, Medicine and Ethics 35 (4):519-525.
  • The Proliferation of Human Rights in Global Health Governance.Lance Gable - 2007 - Journal of Law, Medicine and Ethics 35 (4):534-544.
    Human rights play an integral role in the global governance of health. Recently, both structural and normative aspects of human rights have proliferated across multiple levels and within multiple contexts around the world. Human rights proliferation is likely to have a positive impact on the governance of health because it can expand the avenues through which a human rights framework or human rights norms may be used to address and improve health.
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  • The Proliferation of Human Rights in Global Health Governance.Lance Gable - 2007 - Journal of Law, Medicine and Ethics 35 (4):534-544.
    As our world becomes increasingly interconnected, threats to global public health continue to proliferate. New and novel risks to health have emerged consistently over the past 30 years. Moreover, our shrinking world now allows health threats to spread more quickly than ever before. Given these realities, efforts to protect and improve global health must be expansive, flexible, and able to take into account the variety of circumstances that may imperil good health. These efforts also must consider the multiple levels and (...)
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