Smoking: Who Has the Right? / Edition 1

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Is cigarette smoking an addiction or a choice? Does society or the government have the right to decide who may smoke and where? Are there such things as "smoker's rights"? Unique and timely, this collection is the very best work on the subject from the leading experts in public policy, health, economics, law, sociology, psychology, and history, seeking answers to questions that divide the nation.

Included are essays by George J. Annas, Gary S. Becker, Peter L. Berger, Richard Daynard, Antony Flew, Peter D. Jacobson, Stanton Glantz, Robert E. Goodin, Joseph R. Gusfield, Stephen J. Heishman, Graham E. Kelder, David A. Kessler, Mark Edward Lender, Stephen C. Littlechild, Rajendra Persaud, Robert N. Procter, David Ryder, Robert J. Samuelson, John Slade, Edward L. Sweda Jr., Robert W. Tollison, Richard E. Wagner, Lee S. Weinberg, Walter Williams, and Richard Vatz, among others.

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Editorial Reviews

Assembles primary documents, historical surveys, and perspectives from a number of positions and disciplines on the rights claimed by some Americans to regulate public health and by others to pursue their lives and businesses by their own standards. The bombshell Brown and Williamson documents and various medical position papers are included. Among the topics are a sociological view, the criminal case against the industry, stigma, authority versus autonomy, property rights, smokers' right to health care, and the corrupted science of passive smoking. No index. Annotation c. by Book News, Inc., Portland, Or.
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Product Details

  • ISBN-13: 9781573922548
  • Publisher: Prometheus Books
  • Publication date: 11/1/1998
  • Series: Contemporary Issues Series
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 357
  • Product dimensions: 5.38 (w) x 8.32 (h) x 0.77 (d)

Meet the Author

Jeffrey A. Schaler (Erdenheim, PA) is on the faculty of American University's School of Public Affairs; Johns Hopkins University, and the Institute for Humane Studies at George Mason University. Magda E. Schaler (New York, NY) is an assistant faculty advisor at Columbia University School of Public Health.
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Table of Contents

Introduction: The Smoking Controversy: A Right to Protect versus A Right to Smoke? 9
Pt. I Tobacco Use and Regulation: Historical Perspectives and Policy Considerations
1 The Analysis of Policy: Understanding the Process of Policy Development 23
2 Tobacco: The Road to Litigation 32
3 Historical Overview of Tobacco Legislation and Regulation 42
4 A Sociological View of the Anti-Smoking Phenomenon 63
5 A New Prohibition? An Essay on Drinking and Smoking in America 79
6 The Anti-Tobacco Campaign of the Nazis: A Little Known Aspect of Public Health in Germany, 1933-45 114
Suggestions for Further Reading 120
Pt. II For the Public's Health: Justifying Tobacco Regulation
7 The Legal and Scientific Basis for FDA's Assertion of Jurisdiction over Cigarettes and Smokeless Tobacco 123
8 The Criminal Case against the Tobacco Industry 136
9 Tobacco Litigation as Cancer Prevention: Dealing with the Devil 163
10 Tobacco Industry Tactics 173
11 Smoking, Stigma, and the Purification of Public Space 181
12 Judicial Approaches to Tobacco Control: The Third Wave of Tobacco Litigation as a Tobacco Control Mechanism 201
Suggestions for Further Reading 219
Pt. III Liberty at Stake: Smoking as Choice, Regulation as Coercion
13 The Control of Conduct: Authority versus Autonomy 223
14 The Tyranny of Experts: Blowing the Whistle on the Cult of Expertise 229
15 The Social Symbolism of Smoking and Health 240
16 Smoking, Human Rights, and Civil Liberties 267
17 Tobacco and Public Policy: A Constitutionalist Perspective 292
18 Cigarettes and Property Rights 305
19 Smokers' Rights to Health Care 318
20 Smoking Right and Responsibility 332
21 Passive Smoking, Scientific Method, and Corrupted Science 336
Suggestions for Further Reading 353
Contributors 355
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