Towards a Rhetoric of Medical Law

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1317524926
Total Pages : 201 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Towards a Rhetoric of Medical Law by : John Harrington

Download or read book Towards a Rhetoric of Medical Law written by John Harrington and published by Taylor & Francis. This book was released on 2016-09-13 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging the dominant account of medical law as normatively and conceptually subordinate to medical or bioethics, this book provides an innovative account of medical law as a rhetorical practice. The aspiration to provide a firm grounding for medical law in ethical principle has not yet been realized. Rather, legal doctrine is marked, if anything, by increasingly evident contradiction and indeterminacy that are symptomatic of the inherently contingent nature of legal argumentation. Against the idea of a timeless, placeless ethics as the master discipline for medical law, this book demonstrates how judicial and academic reasoning seek to manage this contingency, through the deployment of rhetorical strategies, persuasive to concrete audiences within specific historical, cultural and political contexts. Informed by social and legal theory, cultural history and literary criticism, John Harrington’s careful reading of key judicial decisions, legislative proposals and academic interventions offers an original, and significant, understanding of medical law.

Health and the Rhetoric of Medicine

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Publisher : SIU Press
ISBN 13 : 0809386267
Total Pages : 232 pages
Book Rating : 4.8/5 (93 download)

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Book Synopsis Health and the Rhetoric of Medicine by : Judy Z. Segal

Download or read book Health and the Rhetoric of Medicine written by Judy Z. Segal and published by SIU Press. This book was released on 2008-06-30 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assessing rhetorical principles of contemporary health issues Hypochondriacs are vulnerable to media hype, anorexics are susceptible to public scrutiny, and migraine sufferers are tainted with the history of the “migraine personality,” maintains rhetorical theorist Judy Z. Segal. All are influenced by the power of persuasion. Health and the Rhetoric of Medicine explores persistent health conditions that resist conventional medical solutions. Using a range of rhetorical principles, Segal analyzes how patients and their illnesses are formed within the physician/patient relationship. The intractable problem of a patient’s rejection of a doctor’s advice, says Segal, can be considered a rhetorical failure—a failure of persuasion. Examining the discourse of medicine through case studies, applications, and analyses, Segal illustrates how illnesses are described in ways that limit patients’ choices and satisfaction. She also illuminates psychiatric conditions, infectious diseases, genetic testing, and cosmetic surgeries through the lens of rhetorical theory. Health and the Rhetoric of Medicine bridges critical analysis for scholarly, professional, and lay audiences. Segal highlights the persuasive element in diagnosis, health policy, illness experience, and illness narratives. She also addresses questions of direct-to-consumer advertising of prescription drugs, the role of health information in creating the “worried well” and problems of trust and expertise in physician/patient relationships. A useful resource for critical common sense in everyday life, the text provides an effective examination of a society increasingly influenced by the rhetoric of health and medicine.

Reimagining Advocacy

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Author :
Publisher : Penn State Press
ISBN 13 : 0271081333
Total Pages : 187 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis Reimagining Advocacy by : Elizabeth C. Britt

Download or read book Reimagining Advocacy written by Elizabeth C. Britt and published by Penn State Press. This book was released on 2018-05-17 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: Domestic violence accounts for approximately one-fifth of all violent crime in the United States and is among the most difficult issues confronting professionals in the legal and criminal justice systems. In this volume, Elizabeth Britt argues that learning embodied advocacy—a practice that results from an expanded understanding of expertise based on lived experience—and adopting it in legal settings can directly and tangibly help victims of abuse. Focusing on clinical legal education at the Domestic Violence Institute at the Northeastern University School of Law, Britt takes a case-study approach to illuminate how challenging the context, aims, and forms of advocacy traditionally embraced in the U.S. legal system produces better support for victims of domestic violence. She analyzes a wide range of materials and practices, including the pedagogy of law school training programs, interviews with advocates, and narratives written by students in the emergency department, and looks closely at the forms of rhetorical education through which students assimilate advocacy practices. By examining how students learn to listen actively to clients and to recognize that clients have the right and ability to make decisions for themselves, Britt shows that rhetorical education can succeed in producing legal professionals with the inclination and capacity to engage others whose values and experiences diverge from their own. By investigating the deep relationship between legal education and rhetorical education, Reimagining Advocacy calls for conversations and action that will improve advocacy for others, especially for victims of domestic violence seeking assistance from legal professionals.

Rhetoric and the Law of Draco

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Publisher : Clarendon Press
ISBN 13 : 0191584541
Total Pages : 433 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Rhetoric and the Law of Draco by : Edwin Carawan

Download or read book Rhetoric and the Law of Draco written by Edwin Carawan and published by Clarendon Press. This book was released on 1998-02-26 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trials for murder and manslaughter in ancient Athens are preserved in a singularly full and revealing record. The earliest surviving speeches were written for such proceedings, and the laws governing such trials - laws that tradition ascribes to Draco himself - also survive in large part. These documents bear witness to the birth of the jury trial and of democratic rhetoric. This book, the first study of its kind, offers a systematic interpretation of Draco's law and the legal reasoning that grew out of it. The author outlines the historical development (7th to 4th centuries BCE), and then analyses the surviving speeches to unravel the underlying issues and practical consequences.

The Oxford Handbook of U.S. Health Law

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Publisher : Oxford University Press
ISBN 13 : 0199366527
Total Pages : 1233 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis The Oxford Handbook of U.S. Health Law by : I. Glenn Cohen

Download or read book The Oxford Handbook of U.S. Health Law written by I. Glenn Cohen and published by Oxford University Press. This book was released on 2017 with total page 1233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of U.S. Health Law covers the breadth and depth of health law, with contributions from the most eminent scholars in the field. The Handbook paints with broad thematic strokes the major features of American healthcare law and policy, its recent reforms including the Affordable Care Act, its relationship to medical ethics and constitutional principles, how it compares to the experience of other countries, and the legal framework for the patient experience. This Handbook provides valuable content, accessible to readers new to the subject, as well as to those who write, teach, practice, or make policy in health law.

Research Handbook on Socio-Legal Studies of Medicine and Health

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1786437988
Total Pages : 480 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Research Handbook on Socio-Legal Studies of Medicine and Health by : Marie-Andrée Jacob

Download or read book Research Handbook on Socio-Legal Studies of Medicine and Health written by Marie-Andrée Jacob and published by Edward Elgar Publishing. This book was released on 2020-09-25 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely Research Handbook offers significant insights into an understudied subject, bringing together a broad range of socio-legal studies of medicine to help answer complex and interdisciplinary questions about global health – a major challenge of our time.

Issues in Medical Law and Ethics

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Publisher : Routledge
ISBN 13 : 1135340986
Total Pages : 302 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Issues in Medical Law and Ethics by : Derek Morgan

Download or read book Issues in Medical Law and Ethics written by Derek Morgan and published by Routledge. This book was released on 2012-12-06 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thirty years ago, English jurist Patrick Devlin wrote: "Is it not a pleasant tribute to the medical profession that by and large it has been able to manage its relations with its patients ... without the aid of lawyers and law makers". Medical interventions at the beginnings and the endings of life have rendered that assessment dated if not defeated. This book picks up some of the most important of those developments and reflects on the legal and social consequences of this metamorphosis over the past ten years, and will be of interest to students of law, sociology and ethics who want a considered and critical introduction to, and reflection on, key issues in these pivotal moments of human life.

Medical Law: A Very Short Introduction

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Publisher : Oxford University Press
ISBN 13 : 0199660441
Total Pages : 161 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Medical Law: A Very Short Introduction by : Charles Foster

Download or read book Medical Law: A Very Short Introduction written by Charles Foster and published by Oxford University Press. This book was released on 2013-02-28 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author surveys the principles governing medical law.

Oxford Handbook of Medical Ethics and Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199659427
Total Pages : 385 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Oxford Handbook of Medical Ethics and Law by :

Download or read book Oxford Handbook of Medical Ethics and Law written by and published by Oxford University Press. This book was released on 2022-01-17 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Doctors have been concerned with ethics since the earliest days of medical practice. Traditionally, medical practitioners have been expected to be motivated by a desire to help their patients. Ethical codes and systems, such as the Hippocratic Oath, have emphasised this. During the latter half of the 20th century, advances in medical science, in conjunction with social and political changes, meant that the accepted conventions of the doctor/patient relationship were increasingly being questioned. After the Nuremberg Trials, in which the crimes of Nazi doctors, among others, were exposed, it became clear that doctors cannot be assumed to be good simply by virtue of their profession. Not only this, but doctors who transgress moral boundaries can harm people in the most appalling ways"--

Strategic Interventions in Mental Health Rhetoric

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Publisher : Routledge
ISBN 13 : 1000534960
Total Pages : 219 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Strategic Interventions in Mental Health Rhetoric by : Lisa Melonçon

Download or read book Strategic Interventions in Mental Health Rhetoric written by Lisa Melonçon and published by Routledge. This book was released on 2022-02-06 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering rhetorically informed strategic interventions, this innovative collection moves beyond critiques of mental health issues, problems, and care. With sections that focus on methodological, cultural and legal, and pedagogical interventions, readers will find an engaging discussion of a discrete mental health phenomenon as well as a clear interventional takeaway in each chapter. Contributors make use of critical discourse analyses, ethnographic inquiries, autoethnographic inquiries, case studies, and textual analyses to engage such mental health research topics as postpartum depression among Chinese mothers; insanity pleas; anosognosia; issues of intimacy, access, and embodiment in research projects; community support groups; Black mental health; women in Alcoholics Anonymous; and mental health in faculty workshops and university online health tools. The authors and editors create scholarship on mental health that explicitly builds productive methodological, theoretical, and practical bridges among scholars and teachers in the various specialties of writing and communication. This collection will interest scholars, students, and practitioners in health and medical humanities; rhetoric of health and medicine; health communication; medical anthropology; scientific and technical communication; disability studies; and rhetorical studies generally.

To Err Is Human

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Publisher : National Academies Press
ISBN 13 : 0309068371
Total Pages : 312 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis To Err Is Human by : Institute of Medicine

Download or read book To Err Is Human written by Institute of Medicine and published by National Academies Press. This book was released on 2000-03-01 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Experts estimate that as many as 98,000 people die in any given year from medical errors that occur in hospitals. That's more than die from motor vehicle accidents, breast cancer, or AIDSâ€"three causes that receive far more public attention. Indeed, more people die annually from medication errors than from workplace injuries. Add the financial cost to the human tragedy, and medical error easily rises to the top ranks of urgent, widespread public problems. To Err Is Human breaks the silence that has surrounded medical errors and their consequenceâ€"but not by pointing fingers at caring health care professionals who make honest mistakes. After all, to err is human. Instead, this book sets forth a national agendaâ€"with state and local implicationsâ€"for reducing medical errors and improving patient safety through the design of a safer health system. This volume reveals the often startling statistics of medical error and the disparity between the incidence of error and public perception of it, given many patients' expectations that the medical profession always performs perfectly. A careful examination is made of how the surrounding forces of legislation, regulation, and market activity influence the quality of care provided by health care organizations and then looks at their handling of medical mistakes. Using a detailed case study, the book reviews the current understanding of why these mistakes happen. A key theme is that legitimate liability concerns discourage reporting of errorsâ€"which begs the question, "How can we learn from our mistakes?" Balancing regulatory versus market-based initiatives and public versus private efforts, the Institute of Medicine presents wide-ranging recommendations for improving patient safety, in the areas of leadership, improved data collection and analysis, and development of effective systems at the level of direct patient care. To Err Is Human asserts that the problem is not bad people in health careâ€"it is that good people are working in bad systems that need to be made safer. Comprehensive and straightforward, this book offers a clear prescription for raising the level of patient safety in American health care. It also explains how patients themselves can influence the quality of care that they receive once they check into the hospital. This book will be vitally important to federal, state, and local health policy makers and regulators, health professional licensing officials, hospital administrators, medical educators and students, health caregivers, health journalists, patient advocatesâ€"as well as patients themselves. First in a series of publications from the Quality of Health Care in America, a project initiated by the Institute of Medicine

The Law Most Beautiful and Best

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Publisher : Lexington Books
ISBN 13 : 9780739106860
Total Pages : 204 pages
Book Rating : 4.1/5 (68 download)

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Book Synopsis The Law Most Beautiful and Best by : Randall Baldwin Clark

Download or read book The Law Most Beautiful and Best written by Randall Baldwin Clark and published by Lexington Books. This book was released on 2003 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can citizens be persuaded to voluntarily obey good laws? Randall Baldwin Clark addresses this question by looking at one of the oldest works ever to pose it: Plato's Laws. The Law Most Beautiful and Best explores one of the most striking metaphors in the Laws: the suggestion that the gentle and persuasive bedside manner that characterizes rational medicine should serve as the model for political persuasion. Clark's careful reading of the Laws challenges traditional interpretations of this metaphor, emphasizing instead the way the dialogue subtly reasserts the efficacy of the magical arts. Just as the Athenian stranger treats his patients with a combination of rational and irrational therapies, so too must the philosophical reader--should he wish to preserve his city's health--be willing to avail himself of both the gentle persuasion of reasoned discourse and the enchanting coercion of irrational rhetoric. Both a close examination of the Laws and a thoughtful approach to an ageless political dilemma, The Law Most Beautiful and Best is essential reading for scholars interested in jurisprudence, classics, rhetoric, and political science.

Personalised Medicine, Individual Choice and the Common Good

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Publisher : Cambridge University Press
ISBN 13 : 1108473911
Total Pages : 321 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Personalised Medicine, Individual Choice and the Common Good by : Britta Chongkol van Beers

Download or read book Personalised Medicine, Individual Choice and the Common Good written by Britta Chongkol van Beers and published by Cambridge University Press. This book was released on 2018-11-22 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Asks whether personalised medicine is superior to 'one-size-fits-all' treatment. Does it elevate individual choice above the common good?

Choosing Life, Choosing Death

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847314902
Total Pages : 216 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Choosing Life, Choosing Death by : Charles Foster

Download or read book Choosing Life, Choosing Death written by Charles Foster and published by Bloomsbury Publishing. This book was released on 2009-02-27 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Autonomy is a vital principle in medical law and ethics. It occupies a prominent place in all medico-legal and ethical debate. But there is a dangerous presumption that it should have the only vote, or at least the casting vote. This book is an assault on that presumption, and an audit of autonomy's extraordinary status. This book surveys the main issues in medical law, noting in relation to each issue the power wielded by autonomy, asking whether that power can be justified, and suggesting how other principles can and should contribute to the law. It concludes that autonomy's status cannot be intellectually or ethically justified, and that positive discrimination in favour of the other balancing principles is urgently needed in order to avoid some sinister results. 'This book is a sustained attack on the hegemony of the idea of autonomy in medical ethics and law. Charles Foster is no respecter of authority, whether of university professors or of law Lords. He grabs his readers by their lapels and shakes sense into them through a combination of no-nonsense rhetoric and subtle argument that is difficult to resist.' Tony Hope, Professor of Medical Ethics, Oxford University 'This book is unlikely to be in pristine state by the time you have finished reading it. Whether that is because you have thrown it in the air in celebration or thrown it across the room in frustration will depend on your perspective. But this book cannot leave you cold. It is a powerful polemic on the dominance of autonomy in medical law, which demands a reaction. Charles Foster sets out a powerful case that academic medical lawyers have elevated autonomy to a status it does not deserve in either ethical or legal terms. In a highly engaging, accessible account, he challenges many of the views which have become orthodox within the academic community. This will be a book which demands and will attract considerable debate.' Jonathan Herring, Exeter College, Oxford University 'This is a learned, lively and thought-provoking discussion of problems central to the courts' approach to ethical issues in medical law. What principles are involved? More significantly, which really underlie and inform the process of seeking justice in difficult cases? Charles Foster persuasively argues, and demonstrates, that respect for autonomy is but one of a number of ethical principles which interact and may conflict. He also addresses the sensitive issue of the extent to which thoughts and factors which go to influence legal decisions may not appear in the judgments.' Adrian Whitfield QC. 'Introducing the Jake La Motta of medical ethics. Foster is an academic street-fighter who has bloodied his hands in the court room. He provides a stinging, relentless, ground attack on the Goliath of medical ethics: the central place of autonomy in liberal medical ethics. This is now the first port of call for those who feel that medical ethics has become autonomized.' Julian Savulescu, Uehiro Chair in Practical Ethics, University of Oxford. "This important book offers a robust challenge to anyone, whether lawyer or 'ethicist', who sees respect for autonomy as the only game in town. It argues eloquently and effectively that, on the one hand, despite the reverence paid to it by judges, in practice the law, even in the context of consent, weaves together a number of moral threads of which autonomy is merely one, in the pursuit of a good decision. It argues on the other hand, that were the day-to-day practice of law to be guided primarily by respect for autonomy, this would be wrong. Foster concludes that whilst, 'any society that does not have laws robustly protecting autonomy is an unsafe and unhappy one', so too would be a society in which too much emphasis was placed on respect for autonomy at the expense of other important moral principles. This is essential reading for anyone interested in the role of autonomy and indeed of medical ethics, in the law." Michael Parker, Professor of Bioethics, University of Oxford

The Jurisdiction of Medical Law

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Author :
Publisher : Routledge
ISBN 13 : 135114622X
Total Pages : 284 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis The Jurisdiction of Medical Law by : Kenneth Veitch

Download or read book The Jurisdiction of Medical Law written by Kenneth Veitch and published by Routledge. This book was released on 2017-11-30 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a critical analysis of some of the guiding principles and assumptions that have been central to the development and identity of medical law. Focusing on several key cases in the field - including the 'Dianne Pretty' and 'Conjoined Twins' cases - the book scrutinizes the notions of autonomy and human rights, and explores the relationship between medical law and moral conflict. It also asks what role, if any, the courts might play in stimulating public debate about the ethics of controversial developments in medicine and biomedical science. This innovative book will be of interest to academics and students working in the areas of medical law, legal theory, bioethics and medical ethics. It will also appeal to those within the medical and health care professions seeking a critical analysis of the development and operation of medical law.

American Lobotomy

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Publisher : University of Michigan Press
ISBN 13 : 0472120581
Total Pages : 235 pages
Book Rating : 4.4/5 (721 download)

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Book Synopsis American Lobotomy by : Jenell Johnson

Download or read book American Lobotomy written by Jenell Johnson and published by University of Michigan Press. This book was released on 2015-01-13 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Lobotomy studies a wide variety of representations of lobotomy to offer a rhetorical history of one of the most infamous procedures in the history of medicine. The development of lobotomy in 1935 was heralded as a “miracle cure” that would empty the nation’s perennially blighted asylums. However, only twenty years later, lobotomists initially praised for their “therapeutic courage” were condemned for their barbarity, an image that has only soured in subsequent decades. Johnson employs previously abandoned texts like science fiction, horror film, political polemics, and conspiracy theory to show how lobotomy’s entanglement with social and political narratives contributed to a powerful image of the operation that persists to this day. The book provocatively challenges the history of medicine, arguing that rhetorical history is crucial to understanding medical history. It offers a case study of how medicine accumulates meaning as it circulates in public culture and argues for the need to understand biomedicine as a culturally situated practice.

The People’s Welfare

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Author :
Publisher : Univ of North Carolina Press
ISBN 13 : 0807863653
Total Pages : 409 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis The People’s Welfare by : William J. Novak

Download or read book The People’s Welfare written by William J. Novak and published by Univ of North Carolina Press. This book was released on 2000-11-09 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of today's political rhetoric decries the welfare state and our maze of government regulations. Critics hark back to a time before the state intervened so directly in citizens' lives. In The People's Welfare, William Novak refutes this vision of a stateless past by documenting America's long history of government regulation in the areas of public safety, political economy, public property, morality, and public health. Challenging the myth of American individualism, Novak recovers a distinctive nineteenth-century commitment to shared obligations and public duties in a well-regulated society. Novak explores the by-laws, ordinances, statutes, and common law restrictions that regulated almost every aspect of America's society and economy, including fire regulations, inspection and licensing rules, fair marketplace laws, the moral policing of prostitution and drunkenness, and health and sanitary codes. Based on a reading of more than one thousand court cases in addition to the leading legal and political texts of the nineteenth century, The People's Welfare demonstrates the deep roots of regulation in America and offers a startling reinterpretation of the history of American governance.