Health law: new field, new frame, new focus

Publication Date: 01/01/2025

Pages: 355-381

DOI: 10.4337/9781839104992.00020

Abstract:

Taking a particular law and technology perspective, the argument in this chapter is, first, that there are very good reasons for recognising a field of ‘health law’; secondly, that health law scholars should frame their inquiries in a way that is sensitive to the (technologically) disrupted landscape of law, regulation and governance (this being the frame of Law 3.0), thereby reflecting the very different conversations that lawyers now have; thirdly, that, with a view to rehabilitating regulatory legitimacy, health law scholars and practitioners should employ particular framings that reimagine the range and depth of regulatory responsibilities and, concomitantly, a ‘triple licence’ for the legitimate application of new health technologies; and, fourthly, that, employing these framings, health law scholars and practitioners should be encouraged to focus on questions that are prompted by what will be termed ‘new coherentist’ thinking.

Source: Scopus