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Communicable Disease Control in the New Millenium. Edition No. 1

VDM Publishing House, Jan 2011, Pages: 264


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The issuance of thousands of quarantine orders during the SARS outbreak raised difficult questions about the legitimacy of using restrictive measures in democratic societies. This inquiry combines empirical research with conceptual scholarship to establish foundational justificatory power for restrictive interventions, which the dominant utilitarian justification lacks. It is argued that, to respect rights, while being committed to the common good, we must move beyond the see-sawing between ostensibly competing requirements toward a conception that gives equal weight to public health and human rights; that is, one where both imperatives – the community and the individual – refer to one another without dissolving into the other based on their intersubjective recognition. Following a Habermasian account of opening processes of decision-making to a moral-practical discourse, it is further argued that publichealth ethics offers an important site for integrating his model of discourse ethics within public health deliberations to expand the scope ofmoral argumentation on-and ultimately to ground the justification of--the use of restrictive measures.



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