---
published: true
categories: blog, world/political science/fascism, God/sovereign rule/medical ethics
document: blog
location: Biblicalblueprints.org
date: "2015-11-16"
author: Phillip G. Kayser
title: Public Health and Limited Government
---

**Public Health and Limited Government**
BB Blog
By Phillip G. Kayser
11-16-2015


Public Health / AIDS / Quarantine/Sanitation/ Environmental Hazards

God’s law authorizes both religious instruction[^13] and very limited
civil regulations[^14] to protect the public from highly infectious
diseases, molds, and environmental conditions[^15] that can “defile”
people[^16] and land.[^17] This includes limited statutes regulating
pollution,[^18] treatment of dead bodies,[^19] and spreading
infections.[^20] Since the Bible includes no penalties, these
regulations should have no penalties and no policing powers attached to
them.[^21] But they would still be important since they would provide
the legal basis for a citizen suing for damages in court if there was
deliberate negligence. These laws could cover methods of quarantine in
the case of infection or gross pollution. However, since the Scripture
gives no basis for forcing conformity, there would be no basis for
forcing vaccination, medication, or quarantine unless citizens could
prove endangerment to themselves.

However, since the civil government has a duty to protect its citizens
from the unlawful attacks of both foreigners[^22] and citizens,[^23] it
would be legitimate to take action against those who deliberately seek
to kill or terrorize by spreading plague.[^24] While this duty cannot by
extension lead a government to provide protection from all disease or
harm, or to require vaccination, we believe that there is a legitimate
role for the government to require quarantine for those who contract
highly infectious diseases during epidemics.[^25]

No disease, including AIDS and HIV, should be given special protected
legal status.

Criminal penalties should apply to those whose willful acts of spreading
disease place members of the public at toxic risk. These willful acts
could include deliberate attempts to poison water and food, deliberate
attempts to spread infectious diseases by mail or by aerosol, and
deliberate attempts to spread one’s own disease through unlawful
contact.



[^13]: Deut. 24:8

[^14]: Numb. 5:1-4

[^15]: Lev. 13:1-15:15; 18:24; Deut. 20:19-20; 23:12-14

[^16]: Lev. 18:24,30

[^17]: Lev. 18:25,27,28

[^18]: Lev. 13:1-15:15; Exodus 22:5-6. For a helpful commentary on the
    difficult issues relating to pollution, see Gary North, *Tools of
    Dominion* (Tyler, TX: Institute for Christian Economics, 1990),
    chapter 18.

[^19]: Deut. 21:23

[^20]: Lev. 13-15; Numb. 5:1-4

[^21]: Similar to the regulation for safety on well coverings (Ex.
    21:33-34), the need to have dangerous a`nimals penned (Ex. 21:35-36),
    and the need to have fences around an occupied flat roof (Deut.
    22:8). Though there was no penalty for failing to do so, when
    prosecuted by a citizen for actual damages resulting from such
    negligence, the person would be more likely to be liable for
    damages.

[^22]: Judges 3:15; Neh. 9:27; Obad. 21

[^23]: Jer. 21:12; 22:3

[^24]: Exodus 21:12-15 with Numb. 25:8-9; 31:16; Josh 22:17

[^25]: Lev. 13:45-46; Numb. 5:1-4; 12:14-16; 2Kings 15:1-5 all deal with
    principles of quarantine. It is interesting however that it was not
    the state that had the power to determine a diseased or healed
    condition, but the priests (Lev. 13-14; Deut. 24:8). Furthermore,
    the priests did not have police power to investigate homes or to
    search for diseases that needed quarantining. Instead, citizens
    “brought” the infected person to the priest for examination (Lev.
    13:2,9; 14:2). The need for citizen, church, and state to all be
    involved in the process helps to prevent abuses from occurring.