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Injury, Community and the Republic

Published online by Cambridge University Press:  29 April 2021

Extract

Injury and its prevention, like other areas of public health regulation, pose a number of interesting challenges to the theory of democratic self government. To understand these challenges, a good starting point is the Great Society era, when in a brief ten year period, major new agencies were created to promote safety in the workplace, the marketplace, and on our nation's highways—agencies like the Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA), the Consumer Product Safety Commission (CPSC), and the National Highway Traffic Safety Administration (NHTSA).

The theory of injury that lay behind the new agencies was in sharp contrast to injury policy as pursued up to that time. The new public health and safety agencies were based on the idea that injury must be approached as an environment, not an individual, problem. The most articulate advocate of this view was William Haddon, Jr., the physician and injury researcher who became President Johnson's first head of NHTSA. Haddon argued for well over a decade for abandoning the view of injury as “accidents,” unpredictable and inevitable “acts of God.”

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Article
Copyright
Copyright © American Society of Law, Medicine and Ethics 1989

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References

Pertschuk, M., Revolt Against Regulation, Berkeley: University of California Press, 1982.Google Scholar
See Haddon, W. Jr., “Energy Damage and the Ten Countermeasure Strategies”, The Journal of Trauma 1973, 13: 321331. See also Moynihan, D.P., “Epidemic on the Highways,” The Reporter, April 30 , 1959: 16.Google Scholar
Barry, P.Z., “Individual versus Community Orientation in the Prevention of Injuries”, Preventive Medicine, 1975, 4: 4556. Forster, J., “A Communitarian Ethical Model of Public Health Interventions: An Alternative to Individual Behavior Change”, Journal of Public Health Policy 1982, 3: 150–163. See the present author's The Health of The Republic: Epidemics, Medicine, and Moralism As Challenges to Democracy, Philadelphia: Temple University Press, 1988.Google Scholar
See Wilson, J.A., ed., The Politics of Regulation, New York: Basic Books, 1980, for a good review of this literature. See also Berry, J.M., Lobbying the People, Princeton: Princeton University Press, 1977. See also Pertschuk, M., supra note 1.Google Scholar
Wilson, J.A., supra note 4.Google Scholar
Id., 366372.Google Scholar
Pertschuk, M.J., supra note 1. Lindblom, C.E., “The Market as Prison,” Journal of Politics, 1982, 44: 324336. Also, Lindblom, C.E., Politics and Markets, New York: Basic Books, 1977.Google Scholar
Kingdon, J.W., Agendas, Alternatives, and Public Policies, Boston: Little, Brown, 1984, 174180.Google Scholar
Walker, J.L., “Setting the Agenda in the U.S. Senate: A Theory of Problem Selection”, British Journal of Political Science 1977, 7: 423445.Google Scholar
See Kingdon, J.W., supra note 11, at 53 for this assessment of Walker's theory of the safety movement.Google Scholar
See Williams, R., Keywords, New York: Oxford, 1976, for a discussion of the various meanings of community. Broom, H.A., A Selection of Legal Maxims, seventh American edition from the fifth London edition, Philadelphia: T. & Johnson J.W. & Co., 1874, 110. For a discussion of the tradition of public health in the context of the American political tradition, see the present author's “Community: The Neglected Tradition of Public Health,” Hastings Center Report, 1985, 15: 28–36.Google Scholar
Stocking vs. Johnson Flying Service, 387 P. 2d 312, 317.Google Scholar
See Pitkin, H.F., The Concept of Representation, Berkeley: University of California Press, 1967, 190208. See Wills, G., Explaining America: The Federalist, New York: Doubleday, 1981.Google Scholar
Jacobson v. Massachusetts, 197 U.S. 11 (1905). For an interpretation of Jacobson that focuses squarely on the republican language of the decision, see Glantz, L., “Constitutional Implications of Scientific and Technological Advances in Public Health,” Paper prepared for the Office of Technology Assessment, U.S. Congress, April, 1987.Google Scholar
For an excellent discussion of the connection between community and equality citizenship, see Marshall, T.H., Citizenship and Social Class, Cambridge at the University Press, 1950, 56. Also, Tawney, R.H., London: G. Allen and Unwin, 1964.Google Scholar
Quoted in Sandel, M.J., “Democrats and Community: A Public Philosophy for American Liberalism,” The New Republic, February 22, 1988, 22. See Schambra, W.A., “From Self-Interest to Social Obligation: Local Communities vs. the National Community,” in Meeting Human Needs, Meyer, J.A., ed. Washington, D.C.: American Enterprise Institute for Public Policy Research, 1982.Google Scholar
See Lindblom, C.E., supra note 10.Google Scholar
Hirsch, F., Social Limits to Growth, Cambridge: Harvard, 1978.Google Scholar
The data on handgun availability is based on Cook, P.J., “The Influence of Gun Availability on Violent Crime Patterns,” in Crime and Justice: An Annual Review of Research, Tonry, M. and Morris, N., eds., Chicago: University of Chicago Press, 1983.Google Scholar
The data on plastic guns is from Bischoff, D., “I Just Want to Say One Word to You: Plastics,” Mother Jones Magazine, October, 1986.Google Scholar
These data on wine coolers are from J. Mosher, “The New 'War on Drugs'–-a one year progress report and critical review,” paper presented at 115th Annual meeting of the American Public Health Association, New Orleans, La., October 20, 1987.Google Scholar
Starr, C., “Social Benefit versus Technological Risk,” Science 1969, 165: 12321238.Google Scholar
Rose, G., “Sick Individuals and Sick Populations”, International Journal of Epidemiology, 1985, 14: 3238.Google Scholar
Hardin, G., Filters against Folly, New York: Penguin, 1985, 128137.Google Scholar
Rose, G., “Strategy of Prevention: Lessons from Cardiovascular Disease,” British Medical Journal, 1981, 282: 1850.Google Scholar
Moore, M.H. and Gerstein, D.R., Alcohol and Public Policy: Beyond the Shadow of Prohibition, Washington, D.C.: National Academy Press, 1981.Google Scholar
Rose, G., supra note 31.Google Scholar
Gov. of Canada/Minist. Natl. Health and Welfare. A New Perspective on the Health of Canadians, Ottawa: Minist. Natl. Health and Welfare. 1974.Google Scholar
Wildavsky, A., “Can Health Be Planned?” 1976 Michael M. Davis Lecture, The Center for Health Administration Studies, University of Chicago, Chicago, Illinois, 1976.Google Scholar
De Tocqueville, A., Democracy in America, Mayer, J.P., ed., Garden City, N.Y.: Anchor, 1969, 692.Google Scholar
Dworkin, G., “Paternalism,” Monist 1972, 56: 6484. See also Dworkin, G., “Paternalism,” in Morality and the Law, Wasserstrom, W.A., ed. Belmont, Ca; Wadsworth Press, 1971, 107–206.Google Scholar
Dworkin, R., Taking Rights Seriously, Cambridge: Harvard, 1977, p. 263.Google Scholar
Mill, J.S., On Liberty, edited and with an introduction by Cohen, M., New York: The Modern Library, 1961, 197.Google Scholar
Bonnie, R., “Discouraging Unhealthy Personal Choices: Reflections on New Directions in Substance Abuse Policy”, Journal of Drug Issues, 1978, 8: 199219.Google Scholar
Feinberg, J., Social Philosophy, Englewood Cliffs, N.J.: Prentice-Hall, 1973, 5052.Google Scholar
Bonnie, supra note 40.Google Scholar
Weale, A., “Invisible Hand or Fatherly Hand? Problems of Paternalism in the New Perspective on Health,” Journal of Health Politics, Policy and Law, 1983, 7: 785807.Google Scholar
Feinberg, supra note 41, at 48.Google Scholar
Mill, , supra note 39, at 273.Google Scholar
Flathman, R., The Public Interest: An Essay Concerning the Normative Discourse of Politics. New York: Wiley, 1966.Google Scholar
Childress, J., Who Should Decide? Paternalism in Health Care, New York: Oxford, 1982.Google Scholar
Dworkin, , supra note 38 at 261.Google Scholar
Id. at 263.Google Scholar
Commonwealth vs. Alger, 7 Cushman 53 (1853).Google Scholar
Griswold vs. Connecticut, 381 U.S. 479 (1965).Google Scholar
Roe vs. Wade, 405 U.S. 438 (1972).Google Scholar
Pertschuk, , supra note 1, for a discussion of the movement to roll back consumer protection legislation.Google Scholar
Teret, S.J., “The Law and the Public's Health”, Biolaw, 1986, 1:2950.Google Scholar
Hingson, R. Levenson, S. Heeren, T., Repeal of the Massachusetts Seat Belt Law, Washington, D.C.: Insurance Institute for Highway Safety, 1987.Google Scholar