Populations, Public Health, and the Law

A fundamental tension in the American political and legal landscape is this: individual liberty v. the common good. When does one trump the other? This ongoing tension becomes particularly problematic when new threats to public health appear, such as HIV or pandemic influenza. Parmet explores this terrain by offering a population-based approach to legal analysis, claiming that law should seek, among other things, to protect and promote public health--something that has been badly neglected, she …