Public Health Law: Power, Duty, Restraint.

Gostin, Lawrence O. Public Health Law. Berkley and Los Angeles: University of California Press, 2000; .

This 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 inherent powers and duties. By analyzing constitutional powers and limits, as well as statutory, administrative, and tort law, Public Health Law shows how law can become a 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.

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