American Contagions: Epidemics and the Law from Smallpox to COVID-19

The book "Contagion: How American Law Has Shaped—and Been Shaped by—the Experience of Contagion" by historian John Fabian Witt explores how American law has been shaped by the experience of contagion, from smallpox outbreaks in the colonies to COVID-19. Witt argues that legal approaches to public health have been liberal for some communities and authoritarian for others, and that history's answers to major questions brought up by previous epidemics help shape our answers today.

Format: Paperback / softback
Length: 184 pages
Publication date: 07 January 2022
Publisher: Yale University Press

A concise history of how American law has shaped—and been shaped by—the experience of contagion, taking us from the smallpox outbreaks of the colonies to COVID-19.

The conclusion [Witt] arrives at is devastating.

One wishes that, six months ago, every member of Congress and the Trump administration had been forced to read and reckon with the history Witt neatly summarizes. But now in the aftermath of a close, bitterly fought election, let's hope that this book will help America chart its way forward.

From yellow fever to smallpox to polio to AIDS to COVID-19, epidemics have prompted Americans to make choices and answer questions about their basic values and their laws. In five concise chapters, historian John Fabian Witt traces the legal history of epidemics, showing how infectious disease has both shaped, and been shaped by, the law. Arguing that throughout American history legal approaches to public health have been liberal for some communities and authoritarian for others, Witt shows us how history's answers to the major questions brought up by previous epidemics help shape our answers today: What is the relationship between individual liberty and the common good? What is the role of the federal government, and what is the role of the states? Will long-standing traditions of government and law give way to the social imperatives of an epidemic? Will we let the inequities of our mixed tradition continue?

The book is a valuable contribution to our understanding of the past and present challenges of public health law and policy. Witt's clear and accessible writing style makes it accessible to a wide range of readers, including legal professionals, public health experts, and policymakers. The book also provides a wealth of insights into the historical and cultural factors that have shaped American attitudes toward infectious disease and public health.

Overall, "The Law and the Plague: How American Law Has Shaped—and Been Shaped by—the Experience of Contagion" is a must-read for anyone interested in the history and future of public health in the United States.

Weight: 172g
Dimension: 128 x 202 x 21 (mm)
ISBN-13: 9780300261516