Public Health Ethics 8 (2):185-195 (2015)

Authors
Leticia Morales
Austral University of Chile
Abstract
Courts play a key role in deciding on public health controversies, but the legitimacy of judicial intervention remains highly controversial. In this article I suggest that we need to carefully distinguish between different reasons for persistent disagreement in the domain of public health. Adjudicating between public health controversies rooted in factual disagreements allows us to investigate more closely the epistemic capacities of the judicial process. While the critics typically point out the lack of appropriate expertise of judges—in particular with respect to health and public health—we should not move too fast in inferring from this a generalized competence problem. This article offers four reasons for vindicating the importance of judicial intervention in factual disagreements: the relative independence of judges from the political establishment, the judicial commitment to evidence, the specific nature of judicial reasoning and an additional voice for the people in the policy-making process
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1093/phe/phu041
Options
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: 52,739
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

Political Liberalism.J. Rawls - 1995 - Tijdschrift Voor Filosofie 57 (3):596-598.
The Philosophy of Evidence-Based Medicine.Jeremy Howick - 2011 - Wiley-Blackwell, Bmj Books.
On the People’s Terms.Philip Pettit - 2012 - Political Theory 44 (5):697-706.
Democracy and Disagreement.Amy Gutmann & Dennis Thompson - 1996 - Ethics 108 (3):607-610.

View all 28 references / Add more references

Citations of this work BETA

Add more citations

Similar books and articles

Public Health and Public Goods.Jonny Anomaly - 2011 - Public Health Ethics 4 (3):251-259.
Is Obesity a Public Health Problem?Jonny Anomaly - 2012 - Public Health Ethics 5 (3):216-221.
The Limits of Public Health: A Response.Mark A. Rothstein - 2009 - Public Health Ethics 2 (1):84-88.
A Communitarian Approach to Public Health.John E. Ataguba & Gavin Mooney - 2011 - Health Care Analysis 19 (2):154-164.

Analytics

Added to PP index
2015-01-08

Total views
37 ( #261,122 of 2,340,252 )

Recent downloads (6 months)
8 ( #83,352 of 2,340,252 )

How can I increase my downloads?

Downloads

My notes