Public Health Law Case Study

Public health core function that is principally addressed by the author is law. As pointed out by the author, public health law infrastructure that is sound is imperative for the reason that it institutes the powers and duties of government to safeguard injury and disease and promote the health of the population (Gostin, 2008). There are examples of how law is used in public health. To begin with, at a personal and individual level, this core function can educate, generate inducements, deter as well as punish. A good illustration is in the sense that health communication promotions provide education and encourage people to make much healthier choices and decision (Gostin, 2000). Secondly, in public health, law as a core function mandates agents of change behavior to have product designs that are much safer and also the use of property. A good example is in the sense that the government undertakes the direct regulation of products that are unsafe by necessitating safety features and also indirect regulation through the tort system (Gostin, 2000).

Essential Characteristics

The author points out five essential characteristics of public health law. The following section will give a summary of these points and outline whether I agree or disagree with the position of the author.

1. Responsibility of the government.

2. The author outlines the role of the government in public health with respect to the constitution and also in a democratic manner. In particular, according to the constitution, the government has the power to safeguard public welfare. I am inclined to agree with the author's perspectives in the sense that public health takes on a special meaning and significance to political groups. This is largely because health is indeed essential not only to an individual but also to the community at large. The benefits derived from health for every individual cannot be disregarded (Gostin, 2000).

3. Health of Populations

In this characteristic, the core of public health as pointed out by the author, encompasses the power and responsibility of a governmental entity that ascertains well-being of the community. In addition, it lays emphasis on individuals or groups that take part in the protection and promotion of health. I am in agreement with the perspective of the author because in essence, one of the core elements of public health is to guarantee the conditions for people to be healthy. Therefore, this lays emphasis on the responsibility of the public sector to take part on organized and continued endeavors to protect communal health (Gostin, 2000).

4. Relationship between Government and the Populace

Public health law takes into consideration the actions of the government in addressing significant health issues being faced by large population and also failure to undertake such actions. This encompasses, for instance, the collective action by the government in terms of protecting the community from different aspects such as defective products, health care services of poor quality and workplaces that are unsafe. I am in agreement with the thoughts of the author for the reason that the state has the fundamental role of ensuring the general public is healthy (Gostin, 2000).

5. Services to Promote the Public's Health

Fundamental public health services monitor the position and status of monitoring community health and investigating health risks. They also connect people to required personal health services, implement law and regulations and pursue groundbreaking solutions to health issues. I agree with the author's position for the reason that the main operation and undertaking of agencies in public health encompasses the main activities undertaken to safeguard the health of the population (Gostin, 2000).

6. Power to strong-arm individuals and businesses to safeguard the community

Public health law takes into account the responsibility of the government to the community. The author points out that coercion should be included in the considerate understanding of public health law. I am in agreement with the thoughts and points of the author because the actions of private parties, such as individuals and organizations or groups may threaten the health of individuals and groups. Therefore, coercion and restraint from the government makes this possible (Gostin, 2000).

References

Gostin, L. O. (2000). Public health law in a new century: Part I: Law as a tool to advance the community's health. JAMA 283(21). 2837-2841.

Gostin, L. (2008). A theory and definition of public health law. Georgetown University Law Center. Retrieved from http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi? article=1007&context=ois_papers

Gostin, L. O. (2000). Public health law in a new century: part II: public health powers and limits. JAMA, 283(22), 2979-2984.

Gostin, L. O. (2000). Public health law in a new century: part III: public health regulation: a systematic evaluation. JAMA, 283(23), 3118-3122.