Many interesting articles have come out in the last week on SSRN. This one is entitled "In Pursuit of Coherence in Health Law and Policy: Uniting the Best of Two Theories," by Ireh Iyioha (University of Toronto - Canadian Institutes of Health Research).
Abstract:
This paper addresses the possible thematic frameworks
for defining health law and policy as a distinctive intellectual
field. The writings of legal scholars on the evolutionary
progress of the field, describe the field as atheoretical, with
its issues lacking systemic analysis. Legal scholars have also
identified the absence of a general methodology for analysis as
germane to the lack of cohesion in the early days. While one
school of thought considers the delineation of the boundaries of
the field as the determining factor in the pursuit of coherency,
another school advocates a methodological framework based on a
comparative paradigm analysis.
This paper analyzes these positions in the light of the field's
historical chart, substantive principles of law and the
peculiarities of health care delivery.
The analysis presented transcends the limitations inherent in any
one school of thought and strives for a unification of ostensibly
competing positions, analyzing them as part of one unitary
definition of health law and policy.
Sounds fascinating, but only the abstract is available.
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