David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Res Publica 13 (4):339-359 (2007)
This paper gives a self-defence account of the scope and limits of the justified use of compulsion to control contagious disease. It applies an individualistic model of self-defence for state action and uses it to illuminate the constraints on public health compulsion of proportionality and using the least restrictive alternative. It next shows how a self-defence account should not be rejected on the basis of past abuses. The paper then considers two possible limits to a self-defence justification: compulsion of the non-culpable and over-inclusive compulsion. The paper claims that objections to compelling the non-culpable do not greatly restrict the scope of the self-defence justification. The over-included are, however, innocent bystanders, and methods such as compulsory quarantine, vaccination, and screening are not justified in self-defence.
|Keywords||compulsion contagious disease public health ethics quarantine self-defence|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
A. M. Viens, Cécile M. Bensimon & Ross E. G. Upshur (2009). Your Liberty or Your Life: Reciprocity in the Use of Restrictive Measures in Contexts of Contagion. [REVIEW] Journal of Bioethical Inquiry 6 (2):207-217.
Similar books and articles
David McNaughton & Piers Rawling (1998). On Defending Deontology. Ratio 11 (1):37–54.
Vincent Brümmer (1995). On Not Confusing Necessity with Compulsion: A Reply to Paul Helm. Religious Studies 31 (1):105 - 109.
Gerhard Øverland (2011). On Disproportionate Force and Fighting in Vain. Canadian Journal of Philosophy 41 (2):235-261.
Abigail Woods (2009). 'Partnership' in Action: Contagious Abortion and the Governance of Livestock Disease in Britain, 1885–1921. Minerva 47 (2):195-216.
Anthony Ellis (2003). A Deterrence Theory of Punishment. Philosophical Quarterly 53 (212):337–351.
Lucinda Vandervort (2005). The Defence of Belief in Consent: Guidelines and Jury Instructions for Application of Criminal Code Section 265(4). Criminal Law Quarterly 50 (4):441-452.
Ian Howard Dennis (2009). On Necessity as a Defence to Crime: Possibilities, Problems and the Limits of Justification and Excuse. Criminal Law and Philosophy 3 (1):29-49.
Richard Holton & Stephen Shute (2007). Self-Control in the Modern Provocation Defence. Oxford Journal of Legal Studies 27 (1):49-73.
Steve Matthews (2004). Failed Agency and the Insanity Defence. International Journal of Law and Psychiatry 27:413-424.
Helen Frowe (2010). A Practical Account of Self-Defence. Law and Philosophy 29 (3):245-272.
Added to index2009-01-28
Total downloads22 ( #79,654 of 1,103,048 )
Recent downloads (6 months)1 ( #297,567 of 1,103,048 )
How can I increase my downloads?