- Introduction and Guide for the Reader
- Notes on the Contributors
- Equity Property and Obligation
- The Nature and Functions of the State
- Review of Executive Action
- Judicial Review of Legislation
- Criminal law
- Criminology Crime's Changing Boundaries
- The International Legal Order
- Human Rights
- The European Union: Discipline Building Meets Polity Building
- Complex Polities
- The Welfare State
- Health: The Health Care System, Therapeutic Relationships, and Public Health
- Global Development and Impoverishment
- International Business and Commerce
- Intellectual Property
- The Media
- Abortion and Reproductive Rights
- The Environment
- Legislation and Rule-Making
- Civil Processes
- Criminal Process
- Lawyers and Legal Services
- International Legal Sanction Processes
- A Transnational Concept of Law
- Historical Research in Law
- Empirical Research in Law
- Legal Education
- The Role of Academics in the Legal System
- A Century of Legal Studies
- Law as an Autonomous Discipline
Abstract and Keywords
Health law can be viewed as comprising several distinct, but overlapping, areas of interest: the health care system, the therapeutic relationship, and the public health system. These three spheres do not represent the entire range of issues dealt with by health law scholars, but they are among the most prominent. This article analyzes the major tensions and trade-offs that occur, explicitly or implicitly, in each of these three areas. The theory is that individual liberty interests often clash with collective interests in health and security. The law mediates between these two sets of interests. The article first examines the health care system — that is, the organization, financing, and delivery of personal medical services. Next it considers the therapeutic relationship — that is, the complex ways in which patients and health care professionals (principally doctors) interact. Finally, it discusses public health law, which principally involves government duties and powers to assure the conditions in which populations can be healthy.
Lawrence O. Gostin is Professor of Law at Georgetown University; Professor of Public Health at the Johns Hopkins University; and the Director of the Center for Law & the Public's Health. He is an elected lifetime Member of the National Academy of Sciences and serves its Board on Health Promotion and Disease Prevention. He works internationally with the World Health Organization and UNAIDS. He is Health Law and Ethics Editor of the Journal of the American Medical Association. Professor Gostin's latest books are both published by the University of California Press: Public Health Law: Power, Duty, Restraint (2000) and Public Health Law and Ethics: A Reader (2002).
Phil Fennell is a Reader in Law in Cardiff Law School in Wales where he teaches Medical Law and European Community Law. He is a member of the Law Society's Mental Health and Disability Committee and was a member of the Mental Health Act Commission from 1983–9. He has published many articles on law and psychiatry. He is an editor of Butterworths Medico-Legal Reports, and is honorary legal adviser to Wales Mind. He is co-author of Lawrence O. Gostin and Phil Fennell, Mental Health: Tribunal Procedure (Sweet and Maxwell, 1992) and author of Treatment without Consent: Law, Psychiatry and the Treatment of Mental Disorder since 1845 (Routledge, 1996).
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