JPS/HAP 416 Midterm

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What are the two analogies of Law presented by Cathleen Kaveny?

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law as police officer and law as moral teacher

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What is the main idea behind the analogy of Law as Police Officer?

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the law should generally be restricted to prohibiting actions that wrongfully harm other persons

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49 Terms

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What are the two analogies of Law presented by Cathleen Kaveny?

law as police officer and law as moral teacher

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What is the main idea behind the analogy of Law as Police Officer?

the law should generally be restricted to prohibiting actions that wrongfully harm other persons

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What is the public health implication of the analogy of Law as Police Officer?

the public implication here is that the state DOES NOT have a duty to positively and proactively “assure the conditions under which people can be healthy”

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What is the main idea behind the analogy of Law as Moral Teacher?

the proper effective law is to lead its subjects to their proper virtue: and since virtue is that which makes its subject good, it follows that the proper effective law is to make those to who it is given, good

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What is the public health implication of the analogy of Law as Moral Teacher?

the state does have a duty to positively and proactively “assure the conditions under which people can be healthy”

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What is the predominant guide for public health according to the text?

what we do as a society to ensure conditions in which people can be healthy, involves subsidiarity and placing that into action

  • law as a Moral Teacher achieves the goals of public health, as to protect, prevent, and promote

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What are the goals of Public Health mentioned in the text?

(1) Protect, (2) Prevent, (3) Promote

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What is the concept of societal self-defense for the common good in public health?

the state has an ethical right and responsibility to provide social defense on behalf of its citizens against life-threatening diseases, and that the common good may legitimately override personal liberties if they are severe enough

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What are Bernheim et al's four summary principles for public health interventions?

  • the public health intervention must be a necessity - public health provisions were necessary, given the threat of the smallpox epidemic

  • there must be a reasonable relationship between the intervention and the objective - vaccination was a reasonable means to protect the public given the circumstances

  • the intervention must NOT be arbitrary or oppressive

  • the intervention should not pose a health risk to its subject - the measure did not cause undue harm to the individual

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What are the three categories of health outcomes due to human-caused climate change mentioned in the text?

malnutrition, forced migration, and fatalities result from human-caused climate change

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Why does the author agree with the statement about the threat to global public health from the failure to keep the global temperature rise below 1.5 C?

Collectively, world leaders fail to recognize the impact of human-caused climate change. Rather, they recognize it as the fault of the government which does not have the power to intervene in decarbonization pathways. Greenhouse gases generated via profit-motivated emissions are impacting the climate as a whole. If organizations that are profit-motivated could change their way of emissions, the goal of keeping the global temperature rise below 1.5 C before 2050 is possible.

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Love (Aquinas)

The willingness and act for the good

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Two Feet of Love in Action

Calls on conscience to fulfill obligations of justice and charity

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Social Justice

Removing root causes and improving structures

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Charitable Works

Meeting basic needs of individuals

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Core Question of Virtue Ethics

"Whom should I be?"

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Goodness

Person striving for the good

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Badness

Person not striving for the good

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Core Question of Deontology

"What's the rule?"

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Core Question of Utilitarianism

"What's the consequence?"

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Broad Definition of Health in Ashley and O'Rourke

Optimal functioning to meet needs

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Human Flourishing

Optimal and integrated functioning for well-being

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Broad Definition of Public Health in Bernheim et al.

Ensuring conditions for health in society

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Public Philosophy

Shared values, principles, and norms in public life

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Absolutist

Asserts superiority of one norm over others

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Contextualist

Balances public health goals against privacy rules

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Presumptive

Assumes default priorities for norms

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Two Criteria for Public Health Decision-Making

Evidence-based and value-based

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Politics

Activity structuring a community

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Human Dignity

Realized and protected in the community

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Rights and Duties

Positive (right to) and negative (right not to be)

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Freedom

Act without restraint

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Solidarity

Commitment to the common good

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Common Good

Adequate housing, jobs, education, etc.

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Purpose of the State in Catholic Social Teaching

Promote and protect the common good

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Subsidiarity

State intervention at the lowest possible but highest necessary level of society to protect when the common good needs to be protected and promoted

e.g., Intervention Ladder

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Justice

Renders to each their due, protects rights and fulfills duties

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Libertarian Justice

Focus on rights, minimal state involvement

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Catholic Justice

Rejects free market as sole justice provider

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Precautionary Principle

Prioritizes known risks over uncertainties

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Formal and Material Cooperation with Evil

Foreseeing and intending vs. foreseeing but not intending

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Three Steps for Assessing Public Health Interventions

Analyze issues, assess options, justify action

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Social Determinants of Health

Social, behavioral, environmental, biological, genetic factors

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Framework for Social

economic stability, education, social and community context, health and health care, and neighborhood and built environment

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Four principles to “Assess the Ethical Dimensions of Public Health Options”

utility, justice, respect for liberty, respect for legitimate public institutions

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What does the principle of utility assess in public health options?

Whether a particular public health option produces a balance of benefits over harms.

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What does the principle of justice focus on in public health decisions?

Fair distribution of benefits and burdens (distributive justice) and the opportunity for affected groups to participate in decision-making (procedural justice).

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What aspect of individual rights does the principle of respect for liberty consider in public health actions?

Respecting individual choices and interests, including autonomy, liberty, and privacy.

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What does the principle of respect for legitimate public institutions emphasize in public health actions?

Respecting professional and civic roles and values such as transparency, honesty, trustworthiness, promise-keeping, protecting confidentiality, and safeguarding vulnerable individuals and communities from undue stigmatization.