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Jacobson v. Massachusetts : ウィキペディア英語版 | Jacobson v. Massachusetts
''Jacobson v. Massachusetts'', , was a United States Supreme Court case in which the Court upheld the authority of states to enforce compulsory vaccination laws. The Court's decision articulated the view that the freedom of the individual must sometimes be subordinated to the common welfare and is subject to the police power of the state. == Background == Pastor Henning Jacobson already lived through an era of mandatory vaccinations back in his original home in Sweden. The national law made vaccination mandatory and when Henning was a child he was vaccinated for smallpox. Although these efforts to eradicate smallpox were successful in Sweden, Henning Jacobson did not agree with the methods. He claimed it caused a “great and extreme suffering” that he would have to endure for the rest of his life. Similar to Henning’s experience, one of his sons was vaccinated as a child as well and “suffered adverse effects” from it.〔 Thus leading Henning Jacobson and his wife to be hesistant and resistant whe〔 n it came to the mandatory vaccinations in the early 20th century in Massachusetts. A leader in his community, Swedish immigrant Pastor Henning Jacobson was one of the few who resisted mandatory vaccinations against smallpox during the early 20th century in Cambridge, Massachusetts. While many were pleased to hear about a vaccine for smallpox, others were alarmed by the idea of being stabbed by a needle and having cowpox being injected inside of them. Jacobson was distraught by this vaccine and took his case to the Supreme Court in 1905 against mandatory vaccinations. Pastor Henning Jacobson, refused the vaccine stating it was an “invasion of his liberty”. During this time in history efforts to end the smallpox epidemic included mandatory vaccination. According to the Supreme Court documents, the argument against Jacobson was that the “mandatory smallpox vaccination () constitutional”.〔 Those who refuse vaccination would be prosecuted.〔 The fine for refusal of the vaccination was a $5 monetary fine which equals to about $100 today. Pastor Jacobson refused vaccination claiming, “he and his son had had bad reactions to earlier vaccinations”. Because of his refusal of the vaccination, Jacobson was fined $5 and afterwards he appealed to the Supreme Court.〔 The 14th Amendment was brought up during the ''Jacobson vs. Massachusett''s case regarding individual liberty. The case showed that the State was “restricting one aspect of liberty” by forcing people to get vaccinated. In its ruling in support of the Massachusetts law, the Supreme Court identified two primary rationales. The first was that the “the state may be justified in restricting individual liberty...under the pressure of great dangers” to the safety of the “general public.”〔 By identifying the smallpox epidemic as a danger to the general public, individual rights and liberty were subordinate to the State’s obligation to eradicate the disease. Jacobson had also argued that the law requiring vaccination was "arbitrary or oppressive." 〔 The Court rejected the argument, indicating that mandatory immunization in the face of epdemic was neither, instead insisting that vaccination was a measure for “getting to their goal of eradicating smallpox”. Massachusetts was one of only eleven states that had compulsory vaccination laws.
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Jacobson v. Massachusetts」の詳細全文を読む
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