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Manifold restraints: Liberty, public health, and the legacy of Jacobson v Massachusetts

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  • Colgrove, J.
  • Bayer, R.

Abstract

February 2005 marks the centenary of one of the most important pieces of public health jurisprudence, the US Supreme Court case of Jacobson v Massachusetts, which upheld the authority of states to pass compulsory vaccination laws. The Court's decision articulated the view that the freedom of the individual must sometimes be subordinated to the common welfare. We examined the relationship between the individual and society in 20th-century public health practice and law and the ways that compulsory measures have been used to constrain personal liberty for the sake of protecting the public health.

Suggested Citation

  • Colgrove, J. & Bayer, R., 2005. "Manifold restraints: Liberty, public health, and the legacy of Jacobson v Massachusetts," American Journal of Public Health, American Public Health Association, vol. 95(4), pages 571-576.
    • Handle: RePEc:aph:ajpbhl:10.2105/ajph.2004.055145_1
    DOI: 10.2105/AJPH.2004.055145
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    Cited by:

    1. Ward, Jeremy K. & Cafiero, Florian & Fretigny, Raphael & Colgrove, James & Seror, Valérie, 2019. "France's citizen consultation on vaccination and the challenges of participatory democracy in health," Social Science & Medicine, Elsevier, vol. 220(C), pages 73-80.

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