JPS/HAP 416 Midterm

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

law as police officer and law as moral teacher

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

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”

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

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”

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

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

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

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

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

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

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.

Love (Aquinas)

The willingness and act for the good

Two Feet of Love in Action

Calls on conscience to fulfill obligations of justice and charity

Social Justice

Removing root causes and improving structures

Charitable Works

Meeting basic needs of individuals

Core Question of Virtue Ethics

"Whom should I be?"

Goodness

Person striving for the good

Badness

Person not striving for the good

Core Question of Deontology

"What's the rule?"

Core Question of Utilitarianism

"What's the consequence?"

Broad Definition of Health in Ashley and O'Rourke

Optimal functioning to meet needs

Human Flourishing

Optimal and integrated functioning for well-being

Broad Definition of Public Health in Bernheim et al.

Ensuring conditions for health in society

Public Philosophy

Shared values, principles, and norms in public life

Absolutist

Asserts superiority of one norm over others

Contextualist

Balances public health goals against privacy rules

Presumptive

Assumes default priorities for norms

Two Criteria for Public Health Decision-Making

Evidence-based and value-based

Politics

Activity structuring a community

Human Dignity

Realized and protected in the community

Rights and Duties

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

Freedom

Act without restraint

Solidarity

Commitment to the common good

Common Good

Adequate housing, jobs, education, etc.

Purpose of the State in Catholic Social Teaching

Promote and protect the common good

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

Justice

Renders to each their due, protects rights and fulfills duties

Libertarian Justice

Focus on rights, minimal state involvement

Catholic Justice

Rejects free market as sole justice provider

Precautionary Principle

Prioritizes known risks over uncertainties

Formal and Material Cooperation with Evil

Foreseeing and intending vs. foreseeing but not intending

Three Steps for Assessing Public Health Interventions

Analyze issues, assess options, justify action

Social Determinants of Health

Social, behavioral, environmental, biological, genetic factors

Framework for Social

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

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

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

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

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

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).

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.

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.