Smoke Free? Public Health Policy, Coercive Paternalism, and the Ethics of Long‐Game Regulation.

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  • Additional Information
    • Subject Terms:
    • Abstract:
      Contemporary public health advocacy promotes a 'fifth wave of public health': a 'cultural' shift wherein the public's health becomes recognized as a common good, to be realized through concerted developments in the institutional, social, and physical environments. With reference to examples from anti‐tobacco policy, in this article I critically examine the fifth‐wave agenda in England. I explore it as an approach that, in the face of liberal individualism, works through a 'long‐game' method of progressive social change. Given the political context, and a predominant concern with narrow understandings of legal coercion, I explain how efforts are made to apply what are presented as less ethically contentious framings of regulatory methods, such as are provided by 'libertarian paternalism' ('nudge theory'). I argue that these fail as measures of legitimacy for long‐game regulation: the philosophical foundations of public health laws require a greater – and more obviously contestable, but also more ambitious – critical depth. [ABSTRACT FROM AUTHOR]
    • Abstract:
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    • Author Affiliations:
      1Centre for Health, Law, and Society, University of Bristol Law School, 8–10 Berkeley Square, Bristol BS8 1HH, , England
    • ISSN:
      0263-323X
    • Accession Number:
      10.1111/jols.12213
    • Accession Number:
      141934477
  • Citations
    • ABNT:
      COGGON, J. Smoke Free? Public Health Policy, Coercive Paternalism, and the Ethics of Long‐Game Regulation. Journal of Law & Society, [s. l.], v. 47, n. 1, p. 121–148, 2020. DOI 10.1111/jols.12213. Disponível em: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=sih&AN=141934477. Acesso em: 26 nov. 2020.
    • AMA:
      Coggon J. Smoke Free? Public Health Policy, Coercive Paternalism, and the Ethics of Long‐Game Regulation. Journal of Law & Society. 2020;47(1):121-148. doi:10.1111/jols.12213
    • APA:
      Coggon, J. (2020). Smoke Free? Public Health Policy, Coercive Paternalism, and the Ethics of Long‐Game Regulation. Journal of Law & Society, 47(1), 121–148. https://doi.org/10.1111/jols.12213
    • Chicago/Turabian: Author-Date:
      Coggon, John. 2020. “Smoke Free? Public Health Policy, Coercive Paternalism, and the Ethics of Long‐Game Regulation.” Journal of Law & Society 47 (1): 121–48. doi:10.1111/jols.12213.
    • Harvard:
      Coggon, J. (2020) ‘Smoke Free? Public Health Policy, Coercive Paternalism, and the Ethics of Long‐Game Regulation’, Journal of Law & Society, 47(1), pp. 121–148. doi: 10.1111/jols.12213.
    • Harvard: Australian:
      Coggon, J 2020, ‘Smoke Free? Public Health Policy, Coercive Paternalism, and the Ethics of Long‐Game Regulation’, Journal of Law & Society, vol. 47, no. 1, pp. 121–148, viewed 26 November 2020, .
    • MLA:
      Coggon, John. “Smoke Free? Public Health Policy, Coercive Paternalism, and the Ethics of Long‐Game Regulation.” Journal of Law & Society, vol. 47, no. 1, Mar. 2020, pp. 121–148. EBSCOhost, doi:10.1111/jols.12213.
    • Chicago/Turabian: Humanities:
      Coggon, John. “Smoke Free? Public Health Policy, Coercive Paternalism, and the Ethics of Long‐Game Regulation.” Journal of Law & Society 47, no. 1 (March 2020): 121–48. doi:10.1111/jols.12213.
    • Vancouver/ICMJE:
      Coggon J. Smoke Free? Public Health Policy, Coercive Paternalism, and the Ethics of Long‐Game Regulation. Journal of Law & Society [Internet]. 2020 Mar [cited 2020 Nov 26];47(1):121–48. Available from: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=sih&AN=141934477