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Wednesday, April 22, 2020

Populi: A Legal History of Contagious Disease in the United States

Guest Blogger

John Fabian Witt

I gave a Zoom lecture in my American Legal History course last week on the legal history of epidemics and infectious disease in the U.S.  It’s a first draft on a subject in which we’re all suddenly and tragically and unavoidably immersed.

The central thesis is that American public health law has been “sanitationist” domestically and for elites, and “quarantinist” at the border and for the poor, and for non-whites.  A sub-theme is about the enduring significance of our particular legal institutions in shaping public health policies.  Total running time about 40 minutes with slides.  Feedback and contrary arguments much appreciated!

John Fabian Witt is Allen H. Duffy Class of 1960 Professor of Law and Professor of History at Yale University. You can reach him by e-mail at john.witt at yale.edu

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