Journal of Law, Medicine and Ethics 30 (2):224-238 (2002)

An ongoing debate among legal scholars and public health advocates is the role of litigation in shaping public policy. For the most part, the debate has been waged at a conceptual level, with opponents and proponents arguing within fairly well-defined boundaries. The debate has been based either on speculation of what litigation could achieve or on ideological grounds as to why litigation should or should not be used this way. With the exception of Rosenberg's study of how litigation shaped policy in civil rights, abortion, and environmental matters, there is almost no empirical support for either position.In recent years, the most ardent proponents of litigation as public policy have been public health advocates. Perhaps out of frustration with the inability to achieve desired public health goals through the legislative branch of government, public health advocates have pursued litigation as an alternative strategy. Beginning with tobacco class action litigation in the early 1990s and continuing with litigation against gun manufacturers at the end of that decade, public health advocates have waged a veritable litigation assault aimed at changing how public health policy is formed.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1111/j.1748-720X.2002.tb00389.x
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 70,337
External links

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

For Your Own Good.Jacob Sullum - forthcoming - Public Health Ethics: Theory, Policy, and Practice.
Prevention and Torts: The Role of Litigation in Injury Control.Stephen P. Teret & Michael Jacobs - 1989 - Journal of Law, Medicine and Ethics 17 (1):17-22.
Prevention and Torts: The Role of Litigation in Injury Control.Stephen P. Teret & Michael Jacobs - 1989 - Journal of Law, Medicine and Ethics 17 (1):17-22.
The Burden of Decision.Alexander Morgan Capron - 1990 - Hastings Center Report 20 (3):36-41.

View all 7 references / Add more references

Citations of this work BETA

View all 6 citations / Add more citations

Similar books and articles

Why 'Health' is Not a Central Category for Public Health Policy.Stephen John - 2009 - Journal of Applied Philosophy 26 (2):129-143.
Public Health and Public Goods.Jonny Anomaly - 2011 - Public Health Ethics 4 (3):251-259.


Added to PP index

Total views
22 ( #513,421 of 2,508,063 )

Recent downloads (6 months)
1 ( #416,711 of 2,508,063 )

How can I increase my downloads?


My notes