Document Type
Article
Publication Date
2009
ISSN
2375-835X
Publisher
Boston University School of Law
Language
en-US
Abstract
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.
Recommended Citation
Wendy K. Mariner,
Toward an Architecture of Health Law
,
in
35
American Journal of Law & Medicine
67
(2009).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/362
