Constitutional Contagion
COVID, the Courts, and Public Health
£19.99
- Author: Wendy E. Parmet, Northeastern University, Boston
- Date Published: June 2023
- availability: Available
- format: Paperback
- isbn: 9781009096157
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Constitutional law has helped make Americans unhealthy. Drawing from law, history, political theory, and public health research, Constitutional Contagion explores the history of public health laws, the nature of liberty and individual rights, and the forces that make a nation more or less vulnerable to contagion. In this groundbreaking work, Wendy Parmet documents how the Supreme Court departed from past practice to stymie efforts to mitigate the COVID-19 pandemic and demonstrates how pre-pandemic court decisions helped to shatter social contracts, weaken democracy, and perpetuate the inequities that made the United States especially vulnerable when COVID-19 struck. Looking at judicial decisions from an earlier era, Parmet argues that the Constitution does not compel the stark individualism and disregard of public health that is evident in contemporary constitutional law decisions. Parmet shows us why, if we are to be a healthy nation, constitutional law must change.
Read more- Explains how decisions by the Supreme Court and lower courts have harmed Americans' health before and during the COVID-19 pandemic
- Utilizes a multi-disciplinary approach that draws from law, public health, and political science
- Explores how US courts in the nineteenth and early twentieth centuries understood the relationship between public health and individual liberty
Reviews & endorsements
'Constitutional Contagion is undoubtedly the single most important book on the outsized influence of the judiciary in the COVID-19 pandemic. Wendy Parmet has no equal in American public health law. Her book contains a nuanced explanation of how an increasingly aggressive conservative judiciary has curbed important public health powers during the pandemic. Prof Parmet has always fought for a careful balance between strong public health powers and sensitivity to privacy and liberty of citizens. We need to learn the lessons she is teaching, not just for COVID-19 but also for the next health crisis, which might occur sooner then we think. This book is a tour de force-essential reading for scholars and citizens who care about good public health governance.' Lawrence Gostin, Georgetown University
See more reviews'Parmet's incisive analysis will be an invaluable resource to experts and nonexperts alike as we all work together to reconstruct a viable balance between individual liberty and collective action to protect the public's health.' Lindsay F. Wiley, University of California, Los Angeles
'This book confirms Wendy Parmet's status as our leading interpreter of the judicial doctrines of public health - and our most powerful legal voice for recognizing the promotion and protection of public health as a defining purpose of government. Parmet clearly recounts the history and explains the importance of landmark cases, in a way that a reader does not need a law degree to understand or profit by.' Scott Burris, Temple University
'Constitutional Contagion is a compelling tour de force, and essential reading for anyone seeking to understand America's fraught response to the COVID pandemic. No other scholar understands the legal and political conflicts better than Wendy Parmet. With clear, insightful explanation, Parmet shows us that thoughtful law and reasoned governance are possible even in the midst of a deadly pandemic. But to face a pandemic future, we must implement reforms now, rather than give in to the complacency that has so often followed serious outbreaks of contagious disease throughout our history.' Polly Price, Emory University School of Law
'Provocative and illuminating.' Linda Greenhouse, New York Review of Books
'Important and disquieting.' Mark Rothstein, American Journal of Public Health
'Parmet's book serves overwhelming evidence of how we have contorted our constitutive laws to thwart the common good. Can it truly be that we would forsake the good rather than hold it in common? But her message is fundamentally a hopeful one insofar as she is pointing out the contingency of our current constitutional condition, the shallowness of the recent health-hostile stance of the courts, and the more deeply-rooted, pro-public health orientation that we could recuperate.' Christina S. Ho, Jotwell
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×Product details
- Date Published: June 2023
- format: Paperback
- isbn: 9781009096157
- length: 200 pages
- dimensions: 227 x 152 x 14 mm
- weight: 0.38kg
- availability: Available
Table of Contents
Introduction: Disaster Awaits
1. A New Approach
2. Salus Populi Suprema Lex
3. The End of Salus Populi
4. COVID Comes to Court
5. The Mandate Wars
6. An Asymmetry of Rights
7. An Unequal Pandemic
8. The Infodemic
9. An Unhealthy Polity
Conclusion: 'A Republic, If You Can Keep It'.
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