In Defense of the 'Old' Public Health: The Legal Framework for the Regulation of Public Health

  title={In Defense of the 'Old' Public Health: The Legal Framework for the Regulation of Public Health},
  author={Richard A. Epstein},
  journal={Brooklyn law review},
  • R. Epstein
  • Published 1 December 2002
  • Economics
  • Brooklyn law review
The traditional forms of public health law were directed largely toward communicable diseases and other externalities, such as pollution, with negative health impacts. The more modern view treats any health issue as one of public health so long as it affects large numbers of individuals, which would include such matters as obesity and diabetes. Historically, this paper examines the constitutional evolution of the public health principle from the narrower to the broader conception. It then… 
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