NDLI: Contagious Disease and Self-Defence

Content Provider	Springer Nature Link
Author	Wilkinson, T. M.
Copyright Year	2007
Abstract	This paper gives a self-defence account of the scope and limits of the justified use of compulsion to control contagious disease. It applies an individualistic model of self-defence for state action and uses it to illuminate the constraints on public health compulsion of proportionality and using the least restrictive alternative. It next shows how a self-defence account should not be rejected on the basis of past abuses. The paper then considers two possible limits to a self-defence justification: compulsion of the non-culpable and over-inclusive compulsion. The paper claims that objections to compelling the non-culpable do not greatly restrict the scope of the self-defence justification. The over-included are, however, innocent bystanders, and methods such as compulsory quarantine, vaccination, and screening are not justified in self-defence.
Starting Page	339
Ending Page	359
Page Count	21
File Format	PDF
ISSN	13564765
Journal	Res Publica
Volume Number	13
Issue Number	4
e-ISSN	15728692
Language	English
Publisher	Springer Netherlands
Publisher Date	2007-03-13
Publisher Place	Dordrecht
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	compulsion contagious disease public health ethics quarantine self-defence Ethics Philosophy Philosophy of Religion Philosophy of Law
Content Type	Text
Resource Type	Article
Subject	Philosophy Law

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Contagious Disease and Self-Defence