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Regulating Obesity?: Government, Society, and Questions of Health [Hardback]

(University Professor and Professor of Law, University of Windsor)
  • Formāts: Hardback, 256 pages, height x width x depth: 152x234x25 mm, weight: 431 g
  • Izdošanas datums: 09-Jan-2014
  • Izdevniecība: Oxford University Press Inc
  • ISBN-10: 0199856206
  • ISBN-13: 9780199856206
  • Hardback
  • Cena: 139,25 €
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  • Formāts: Hardback, 256 pages, height x width x depth: 152x234x25 mm, weight: 431 g
  • Izdošanas datums: 09-Jan-2014
  • Izdevniecība: Oxford University Press Inc
  • ISBN-10: 0199856206
  • ISBN-13: 9780199856206
Regulating Obesity : Government, Society, and Questions of Health explores the effectiveness of legal interventions aimed at promoting healthier lifestyles. In this book, W.A. Bogart suggests that the government's emphasis on encouraging weight loss and preventing excess weight gain have largely failed to resolve obesity and have instead fueled prejudice against overweight people. He suggests that a major challenge lies in shifting norms away from stigmatization of the obese and towards more nutritious and healthy lifestyle habits in addition to the acceptance of bodies in all shapes and sizes.

Part of this challenge lies in the complex effects of law and its relationship with norms, including the unintended consequences of regulation.Regulating Obesity? begins by arguing for the protection of the overweight and obese from discrimination through human rights laws. It then examines three other areas of interventions--marketing, fiscal policy, and physical activity--and how these interventions operate within the context of "health equity." Professor Bogart evaluates the effectiveness of legal regulation in addressing obesity and concludes that a healthier population is more important than a thinner population.Regulating Obesity? is the first book to engage in the comprehensive evaluation of this role for law and the implications of society's fascination with regulating consumption.

Recenzijas

"Obesity might not have a particularly obvious relationship with the law, but University of Windsor law professor Bill Bogart is making a compelling case that regulation has a role to play in addressing the issue in a more humane manner." -Glenn Kauth, Law Times A worthy successor to the author's 2010 monograph, Permit But Discourage: Regulating Excessive Consumption. Bogart, argues that laws aimed at promoting healthier lifestyles by encouraging weight loss have mostly failed. Instead of preventing obesity, these laws have merely fueled prejudice against fat people. -Jim Chen, Jurisdynamics "This book should be lauded for doing what a lot of sociolegal and policy scholars do not do - bridge the gap between the fields of law and policy... I also encourage all law and policy scholars to consider reading it because the author explores the interplay of law, policy, and society in new, creative, and innovative ways." -Aaron J. Ley, Department of Political Science, University of Rhode Island, Law and Politics Book Review "Bogart achieves what he set out to do - showing law to be 'a powerful but limited tool for addressing behaviour' that achieves only some of what people expect of it. He strips away the false simplicity of obesity problem, and reveals the complexity that lies beneath." -Sas Ansari, Osgoode Hall Law Journal "Overall, the book gives an excellent review of existing uses of law to address obesity and various perspectives from stakeholders." -Tinapa Himathongkam, George Mason University, World Medical and Health Policy "Regulating Obesity provides a concise examination of public policy intended to address obesity. Because Bogart is forthright about the complexity of obesity and legal strategies for addressing it, he is offering a perspective that is sadly lacking from much of the policy dialogue about obesity...if you are serious about health policy and one of the biggest threats to health for this century, this book is well worth your time." -ConscienHealth "Bogart's style is straightforward and lucid, making this an easily digestible read. He draws on high quality research and uses it to create clear and coherent arguments. Regulating Obesity? is a thoughtful and insightful contribution to the debate. It's a timely reminder that in public policy good intentions are not enough - we need to assess the evidence and tread carefully." - Phil McCarthy, The New Bioethics

Acknowledgments xi
Introduction xiii
Part I Obesity and the Regulation of Consumption
1 Regulating Consumption: Many Efforts---With What Effects?
3(28)
I Introduction
3(2)
II The Regulatory Mix
5(1)
III How Effective Is Regulation?
6(7)
A) Introduction
6(1)
B) Assessing Impact: Three Kinds of Effects
7(3)
C) Legal Interventions to Promote Health
10(3)
IV Consumption Encounters Law: Permit But Discourage
13(6)
V Some Ideas About Law Shaping Behavior
19(9)
A) Looking at the State in a Different Way: New Governance
19(2)
B) Ideas for New Governance: Normativity and Its Offspring
21(5)
C) New Governance, Normativity, and the Regulation of Consumption
26(2)
VI Conclusion
28(3)
Part II Being Fat
2 How Is Obesity a Problem?
31(39)
I Introduction
31(1)
II What's the Problem?: Encountering Corpulence
32(3)
III Obesity: A Public Health Issue?
35(8)
A) Increase in Weight
35(1)
1 Genes, Metabolism, and Antibiotics
36(1)
2 Chemicals: Obesogens
37(1)
3 Race and Ethnicity
38(1)
4 The Environment
38(1)
i Food and Drink
38(1)
ii Built Communities
39(1)
iii Social Contagion
39(1)
5 Technology
40(1)
6 Depression
40(1)
7 Socioeconomic Status
41(1)
B) Consequences
42(1)
1 Physical Aspects
42(1)
2 Psychological Aspects
42(1)
3 Costs to Society
42(1)
IV Is Being Fat Like Being Short?
43(20)
A) Introduction
43(1)
B) The Rates of Obesity Are Exaggerated
44(2)
C) The Physical Health Problems Related to Obesity Are Misrepresented
46(2)
D) Weight Loss?: What Is Shed Is Almost Always Regained
48(1)
E) Stigma, Shame, and Fat
49(1)
1 Panics, Good Norms, and Consumption
50(3)
2 "The Greatest Threat": Stigma, Discrimination, and the Obese
53(5)
3 Responses
58(1)
i Fight Stigma---Battle Weight
58(1)
ii Weight Is Not the Problem---It's Society That Has Issues
59(2)
iii Health at Every Size (HAES)
61(2)
V The Heavy Hand of The State?
63(6)
VI Conclusion
69(1)
3 Appearance Bias-Fat Rights
70(27)
I Introduction
70(1)
II Discrimination and Human Rights Laws
71(3)
III Appearance Bias: "What is Beautiful is Good"
74(3)
IV "Good Clean Wholesome Female Sexuality" and other Examples of Appearance Bias
77(4)
V Resisting the Prejudice of Looks: Justifications for Invoking Law
81(4)
VI Banning Appearance Bias?
85(5)
A) Prohibiting Prejudice against Looks
85(2)
B) Complexities of Banning Weight Discrimination
87(3)
VII The Impact of Laws Banning Appearance Bias
90(3)
A) Laws against Bias, Laws Promoting Healthy Eating/Drinking and Physical Activity
90(2)
B) Round Up the Fat Kids!
92(1)
VIII Conclusion
93(4)
Part III Healthy Consumption, Active Living, and the Regulatory State
4 Assessing Interventions
97(20)
I Introduction
97(1)
II Goals of Interventions
98(3)
III Perspectives on Assessment
101(1)
IV Evidentiary Basis for Interventions
102(3)
V What's Being Assessed?
105(1)
VI Noted but not Examined
106(10)
A) Drugs
106(2)
B) Weight Loss--Diet Industry
108(1)
C) Bariatric Surgery
109(3)
D) Litigation
112(4)
VII Conclusion
116(1)
5 Just the Facts?: Educating, Mandating Information, Controlling Advertising, Restricting Marketing to Children
117(29)
I Introduction
117(2)
II The Power of Advertising
119(4)
III Truth in Calories: Mandatory Menu and Package Labeling
123(8)
A) Educating about Nutritious Eating and Drinking
123(3)
B) Caloric Disclosure on Menus
126(2)
C) Front of Package Labeling
128(2)
D) Conclusions
130(1)
IV Marketing: The Special Case of Children
131(6)
A) Effects of Advertising
131(2)
B) Attempts to Regulate Marketing to Children
133(1)
1 Self-Regulation
133(2)
2 Legislative Initiatives
135(1)
i No Tax Deductions and No Toys
135(2)
ii Restricting Advertising
137(1)
[ one] Generally
137(1)
[ two] Quebec
137(1)
A The Experiment and Its Constitutional Validity
137(2)
B The Impact of the Ban
139(5)
3 The Challenges of the Internet and Digital Media
140(1)
i Untameable Cyberspace?
140(2)
ii Children and Advergames
142(1)
iii Conclusions
143(1)
V Conclusion
144(2)
6 Fiscal Interventions: Fat Taxes and Subsidies
146(32)
I Introduction
146(1)
II Taxes and Consumption
147(5)
A) Policy Arguments
147(2)
B) Lessons from Tobacco and Alcohol
149(3)
III Junk Food and Beverage Taxes
152(8)
A) Particular Policy Arguments
152(2)
B) General Assessments
154(2)
C) Experiments with SSBs (Sugar-Sweetened Beverages)
156(1)
1 Why SSBs?
156(1)
2 Fifty Calories a Day?
157(3)
IV Subsidies
160(16)
A) Introduction: The General and the Specific
160(1)
B) Subsidies and Agricultural Policy
161(1)
1 Subsidies and Obesity?
161(3)
2 Changing Farm Policies to Promote Healthy Eating and Drinking
164(3)
C) Targeted Subsidies through Government Support Programs
167(1)
1 Poverty and the New Malnutrition
167(1)
2 Ban Candy---Promote Carrots: Can Government Nutrition Programs for the Poor Improve Diets?
168(3)
3 Soda and the City: Bloomberg's Bans #1 and #2
171(2)
4 Promotions Piloted
173(2)
5 Dollars, Consumption, and Norms
175(1)
V Conclusion
176(2)
7 Encouraging Physical Activity: Children at Play!
178(31)
I Introduction
178(1)
II The Sedentary We: Lifestyles of The Physically Inactive
179(3)
III Promoting Active Lifestyles: The Range of Interventions
182(1)
IV While They're Young: Law's Role from The Start
183(1)
V Playgrounds, Schoolyards, Games, and Sports
184(23)
A) General Considerations: The Built Environment
184(4)
B) Activity and Children
188(1)
1 Introduction
188(1)
2 The First Years and Parenting
189(1)
3 Professional Childcare Providers
190(2)
4 School-Age Kids
192(1)
i In Class
192(1)
[ one] General Discussion
192(1)
[ two] U.S. Federal and State Law
192(2)
[ three] Measuring BMI?
194(3)
ii Out of Class
197(3)
5 Vouchers to the Rescue?: The Canadian Children's Fitness Tax Credit
200(1)
i New Governance and Vouchers
200(1)
ii Vouchers as the Solution?: HLVs
201(3)
iii CFTC
204(1)
[ one] A Voucher to Get Kids Moving
204(1)
[ two] Impact
205(1)
[ three] More of a Good Thing
206(1)
VI Conclusion
207(2)
Conclusion: Not Fat But Health---and Health Equity 209(6)
Index 215
W. A. Bogart is a University Professor and Professor of Law at the University of Windsor. He received his B.A. and LL.B. from the University of Toronto and his LL.M. from Harvard University, and is the author of several books, including, most recently, Permit But Discourage: Regulating Excessive Consumption (Oxford University Press, 2011). Professor Bogart was a Virtual Scholar in Residence for the Law Commission of Canada (2002-03) and is a frequent consultant to government and other public bodies regarding legal policy.