Abstract

There are few areas of government enterprise where the need to “get it right” is so critical as formulating and executing laws affecting the public health. When the government sets out to exercise its police power 1 to control the spread of disease, its goal is to accomplish an immensely important practical task; and its success is to a great degree objectively determinable—the spread of disease is either curtailed or not. However, the manner in which the government’s goal is reached reflects not only its pragmatic concerns but also a society’s political, social, and legal values.

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