Defining a legal field has functional importance and a legitimising usefulness for the field. There is no doubt that health care law (HCL) has emerged as a field of law and a discrete academic discipline in England and Wales with indicators that gradually became identifiable post-1980. Increasingly, patients aggrieved by their clinical experiences have sought redress in the courts. Doctors have also resorted to the courts for declarations as to the legality of proposed procedures that are ethically sensitive. The burgeoning litigation in healthcare has not only generated an avalanche of case law for academic study, but has also exposed the inadequacy of the common law in resolving the specific bioethical and legal challenges raised by healthcare. Specific legislation was enacted for the first time to address issues raised by medical advances. Concomitant with the evolution of this field of law was the emergence of its academic discipline. It entered the curriculum of legal education as many universities began to teach HCL. This eventually triggered a proliferation of textbooks and journals. The proliferation of literature was accompanied by the creation of academic research centres. Active scholarship in this field has manifested itself in four different doctrinal orientations, namely medical ethics, human rights, and multidisciplinary and socio-legal approaches.
| Published in | International Journal of Law and Society (Volume 5, Issue 1) |
| DOI | 10.11648/j.ijls.20220501.16 |
| Page(s) | 45-52 |
| Creative Commons |
This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited. |
| Copyright |
Copyright © The Author(s), 2022. Published by Science Publishing Group |
Health Care Law, Medical Law, Medical Ethics, Healthcare and Human Rights, Feminism, Socio-legal
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APA Style
Ernest Owusu-Dapaa. (2022). Reimagining Doctrinal Orientations of English Health Care Law Scholarship Since 1980. International Journal of Law and Society, 5(1), 45-52. https://doi.org/10.11648/j.ijls.20220501.16
ACS Style
Ernest Owusu-Dapaa. Reimagining Doctrinal Orientations of English Health Care Law Scholarship Since 1980. Int. J. Law Soc. 2022, 5(1), 45-52. doi: 10.11648/j.ijls.20220501.16
AMA Style
Ernest Owusu-Dapaa. Reimagining Doctrinal Orientations of English Health Care Law Scholarship Since 1980. Int J Law Soc. 2022;5(1):45-52. doi: 10.11648/j.ijls.20220501.16
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Download@article{10.11648/j.ijls.20220501.16,
author = {Ernest Owusu-Dapaa},
title = {Reimagining Doctrinal Orientations of English Health Care Law Scholarship Since 1980},
journal = {International Journal of Law and Society},
volume = {5},
number = {1},
pages = {45-52},
doi = {10.11648/j.ijls.20220501.16},
url = {https://doi.org/10.11648/j.ijls.20220501.16},
eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220501.16},
abstract = {Defining a legal field has functional importance and a legitimising usefulness for the field. There is no doubt that health care law (HCL) has emerged as a field of law and a discrete academic discipline in England and Wales with indicators that gradually became identifiable post-1980. Increasingly, patients aggrieved by their clinical experiences have sought redress in the courts. Doctors have also resorted to the courts for declarations as to the legality of proposed procedures that are ethically sensitive. The burgeoning litigation in healthcare has not only generated an avalanche of case law for academic study, but has also exposed the inadequacy of the common law in resolving the specific bioethical and legal challenges raised by healthcare. Specific legislation was enacted for the first time to address issues raised by medical advances. Concomitant with the evolution of this field of law was the emergence of its academic discipline. It entered the curriculum of legal education as many universities began to teach HCL. This eventually triggered a proliferation of textbooks and journals. The proliferation of literature was accompanied by the creation of academic research centres. Active scholarship in this field has manifested itself in four different doctrinal orientations, namely medical ethics, human rights, and multidisciplinary and socio-legal approaches.},
year = {2022}
}
TY - JOUR T1 - Reimagining Doctrinal Orientations of English Health Care Law Scholarship Since 1980 AU - Ernest Owusu-Dapaa Y1 - 2022/01/26 PY - 2022 N1 - https://doi.org/10.11648/j.ijls.20220501.16 DO - 10.11648/j.ijls.20220501.16 T2 - International Journal of Law and Society JF - International Journal of Law and Society JO - International Journal of Law and Society SP - 45 EP - 52 PB - Science Publishing Group SN - 2640-1908 UR - https://doi.org/10.11648/j.ijls.20220501.16 AB - Defining a legal field has functional importance and a legitimising usefulness for the field. There is no doubt that health care law (HCL) has emerged as a field of law and a discrete academic discipline in England and Wales with indicators that gradually became identifiable post-1980. Increasingly, patients aggrieved by their clinical experiences have sought redress in the courts. Doctors have also resorted to the courts for declarations as to the legality of proposed procedures that are ethically sensitive. The burgeoning litigation in healthcare has not only generated an avalanche of case law for academic study, but has also exposed the inadequacy of the common law in resolving the specific bioethical and legal challenges raised by healthcare. Specific legislation was enacted for the first time to address issues raised by medical advances. Concomitant with the evolution of this field of law was the emergence of its academic discipline. It entered the curriculum of legal education as many universities began to teach HCL. This eventually triggered a proliferation of textbooks and journals. The proliferation of literature was accompanied by the creation of academic research centres. Active scholarship in this field has manifested itself in four different doctrinal orientations, namely medical ethics, human rights, and multidisciplinary and socio-legal approaches. VL - 5 IS - 1 ER -
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