American Contagions: Epidemics and the Law from Smallpox to COVID-19


Author: John Fabian Witt

Date: 2020

ISBN: 0300257279

Pages: 184

Language: English

Category: Law


Posted on 2020-11-11, by temrick.

Description



A concise history of how American law has shaped—and been shaped by—the experience of contagion, "taking us from the smallpox outbreaks of the colonies to Covid-19. . . . Witt constructs his argument carefully, rarely allowing himself a rhetorical flourish, but the conclusion he arrives at is devastating." (Jennifer Szalai, New York Times)

“This brief and readable account . . . describes the history of American efforts to prevent pandemics from breaking out and to grapple with them once they do.”—Adam J. White, Wall Street Journal

“Contrarians and the civic-minded alike will find Witt’s legal survey a fascinating resource”—Kirkus, starred review

From yellow fever to smallpox to polio to AIDS to COVID-19, epidemics have prompted Americans to make choices and answer questions about their basic values and their laws. In five concise chapters, historian John Fabian Witt traces the legal history of epidemics, showing how infectious disease has both shaped, and been shaped by, the law. Arguing that throughout American history legal approaches to public health have been liberal for some communities and authoritarian for others, Witt shows us how history’s answers to the major questions brought up by previous epidemics help shape our answers today: What is the relationship between individual liberty and the common good? What is the role of the federal government, and what is the role of the states? Will long-standing traditions of government and law give way to the social imperatives of an epidemic? Will we let the inequities of our mixed tradition continue?


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