Legal Approach for

Legal approaches can even be applied to food at the design and manufacturing stages, Teret said. Perhaps these approaches could affect the calorie density of foods or their potentially addictive properties, especially for children. Teret suggested that ways to use laws, regulations and litigation to address childhood obesity are understudied. This approach helps researchers and students understand how the government has adapted its administration and way of working to changing times and what impact this has had. The previous study also provides important information on why certain methods, policies, systems, etc. were adopted and the needs they met. Another option is to focus on an earlier legal step in the life of a firearm. For example, the law prohibits certain individuals from purchasing firearms, and sales of firearms are subject to various restrictions. Legal approaches can also focus on arms marketing. Teret recalled responding to a petition to the Federal Trade Commission on gun advertising in The legal approach sheds light on the legal framework within which public administration operates, but excludes other important and informal aspects, such as sociological and psychological dynamics, and is therefore considered by many researchers to be an incomplete approach. However, there were many other buyers for this, and in the United States, Frank J.

Goodnow was a major proponent of this legal approach. In his book Politique et administration, he questions Montesquieus` theory of the separation of powers in the book Esprit De Lois, which proposes three branches of power; The legislative, executive and judicial branches have, however, stressed the independence of the judiciary vis-à-vis the administration as the only recognition of the judiciary. According to Goodnow, this was not sufficient in itself, and this extreme form of this theory was incapable of being applied to any concrete political organization. Goodnow and his other work greatly influenced the way the U.S. public administration was formed in the following years. Legal approaches that impact marketing focus on an even earlier stage of food shelf life and would likely be more effective in reducing obesity. Teret suggested that federal, state and local laws, regulations and litigation need to better control food marketing so that unfair or misleading claims about certain healthy foods are not allowed. The law can also intervene to provide consumers with information that helps them make wise choices. Legal approaches can generally be divided into legislation, regulation, and litigation, each taking place at three different levels: federal, state, and local. Products such as weapons can be considered lifetime. They are designed and manufactured, marketed and sold, and finally used.

The question then is which combination of legal approaches at which level brings the greatest benefit to the different stages of a product`s life, whether it is a weapon, a car or a food. With the importance of the historical approach established in public administration studies, we will now see what the legal approach for public administration was. The legal route to public administration would venture into the impressive legal structure and organization of public institutions. As the name suggests, this approach was associated with laws, rules, regulations, codes, regulatory obligations, etc. It also described the powers, limits and discretions of the authority as well as judicial decisions. Many countries, especially in Europe, such as Germany, France, Belgium and others, have chosen the legal route to study public administration. As discussed in Chapter 1, legal approaches have reduced the incidence and severity of injuries and illnesses in areas other than the prevention of childhood obesity. Stephen Teret, professor and associate dean of the Department of Health Management and Policy at the Johns Hopkins Bloomberg School of Public Health and director of the Center for Law and the Public`s Health, reviewed experiences in two of these areas: the use of airbags in cars and gun violence prevention. Although food is a very different product, this chapter examines legal approaches that can be used to promote public health and address specific health problems. Legal approaches include prohibiting or ordering conduct, as well as creating and enforcing licensing and licensing systems. The chapter also discusses increasing the cost of unhealthy behaviour through taxes or litigation, and incentivising healthy behaviour through loans, grants and tax credits.

Legal approaches to public health challenges can also be addressed by altering the information environment with labeling requirements or reporting mandates, or by altering the built environment through zoning policies or complete streets. The chapter also identifies the possible constitutional and practical limitations of each approach. Marketing to children raises particular considerations. Commercial freedom of expression (discussed in Chapter 5) is valued in the United States, but Teret identified marketing to children as a rich area of research for legal interventions in the childhood obesity epidemic. Teret suggested that focusing legal and regulatory efforts on the early rather than late stages of a firearm`s life would likely be more effective in reducing the incidence of gun violence. This is illustrated in Figure 2-1. There are many ways to study law in society. Such disciplinary approaches would include a historical approach, a political science approach, an economic approach and approaches from other areas of the social sciences such as sociology, psychology, anthropology.

Each of these approaches has its own objectives and methods. This book uses an approach that is situated in the studies of social law or law and society, and this approach aims to understand the law as part of society because it has a certain social form while being associated with other social forms. The method used for this approach is to identify the characteristics of a legal system that are important for determining the social facts that influence the actions of citizens and officials, and to examine the implications and meanings associated with these characteristics. A campaign to install airbags in cars was therefore launched, not without controversy. Airbag installation regulations were issued by the National Highway Traffic Safety Administration, but were later repealed due to the policy of the time. The courts have considered the legal appropriateness of repealing the regulations, and in a landmark case in 1983, the U.S. Supreme Court ruled that regulations mandating automatic restraint systems, which include airbags, were valid. The history of lawsuits in the field of car and firearms safety suggests many possible ways to intervene in the childhood obesity epidemic, Teret said.

For example, a lifespan perspective could be a useful way to conceptualize legal approaches to food. Laws or regulations could be enforced on food consumption, such as restrictions on restaurant portion sizes (although this type of measure is certainly controversial). Or legal approaches could focus on selling food, as with regulations affecting food sold in schools. The sale of certain foods to minors in places other than schools could also be regulated, or the sale of food could be influenced by taxes, as in the case of taxation of sugary drinks or high-calorie foods. The historical approach to public administration focuses on administrative systems, processes and policies that have been practiced in the past, and then attempts to: interpret them in a way that is relevant in the context of the present.