Boston University School of Law
This article examines 3 questions: What is an academic field of law? Is health law such a field? If it is, how can or should it be described? The first question may have no answer; scholars and practicing lawyers have fashioned their owns spheres of expertise. Describing health law faces particular challenges, including the breadth of applicable doctrines and the decline of unique medically-oriented adaptations of general principles. The article offers a blueprint based on the health and human rights framework as a functional description of the eclectic and translegal field of health law. This approach can identify the principles worthy of consideration in analyzing legal issues affecting health, while allowing room for debating the normative values that might govern sub-specialties or doctrines.
Wendy K. Mariner,
Toward an Architecture of Health Law,
American Journal of Law & Medicine
Available at: https://scholarship.law.bu.edu/faculty_scholarship/362