The Risks of Prohibition during Pandemics

DOI

https://doi.org/10.1093/oso/9780192871688.003.0006

Abstract

This chapter argues that public officials should usually refrain from imposing penalties on people who engage in risky behaviour during pandemics. It first makes the case that prohibitive public health policies, such as mandates and lockdowns, are often unfairly enforced, either because these policies interfere with people who are not liable to be interfered with or because they are excessively burdensome. Second, the chapter argues that these policies can also be counterproductive to the goal of promoting public health and wellbeing. Third, it claims that public officials also lack the standing to enforce prohibitive public health policies to the extent that they are also enforcing policies that prolong or exacerbate a pandemic. Fourth, it discusses circumstances where a prohibitive approach might be justified. To close, the chapter discusses the broader implications of these arguments for other ethical questions related to public health policy.

Document Type

Book Chapter

Publication Date

4-2023

Publisher Statement

Copyright © 2023 Oxford University Press

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