
European Law and New Health Technologies
Author(s): Mark L Flear (Editor), Anne-Maree Farrell (Editor), Tamara K Hervey (Editor), Thérèse Murphy (Editor)
- Publisher: OUP Oxford
- Publication Date: 14 Mar. 2013
- Edition: 1st
- Language: English
- Print length: 478 pages
- ISBN-10: 0199659214
- ISBN-13: 9780199659210
Book Description
To guard against the possible dangers arising from new health technologies, and to maximize the benefits, all European governments regulate their development, marketing, and public financing. In addition, several international institutions operating at European level, in particular the European Union, the Council of Europe, and the European Patent Office, have become involved in the regulation of new health technologies. They have done so both through traditional ‘command and control’ legal measures, and through other regulatory mechanisms, including guidelines, soft law, ‘steering’ through redistribution of resources, and private or quasi-private regulation.
This collection analyses European law and its relationships with new health technologies. It uses interdisciplinary insights, particularly from law but also drawing on regulation theory, and science and technology studies, to shed new light on some of the key defining features of the relationships and especially the roles of risk, rights, ethics, and markets. The collection explores the way in which European law’s engagement with new health technologies is to be legitimized, and discusses the implications for biological or biomedical citizenship.
Editorial Reviews
Review
This is an excellent collection that provides a rich overview of the ways in which European law shapes, and is shaped by, new health technologies and, arguably, offers a first step towards the constitution of the European Law of new health technologies as an emerging field of inquiry. Bringing together a vast range of technological developments, of disciplinary insights, and of conceptual questions, this will become a key resource for any scholar seeking to explore the relationship between health technologies and European law and policy, but also for those more broadly interested in the interface between law and technoscience. ―
E. Cloatre, Kent Law SchoolAbout the Author
Anne-Maree Farrell is Associate Professor at the Faculty of Law, Monash University, Australia. Her research expertise lies broadly within the area of health law and policy, with a particular interest in the regulatory governance of human biological materials. Recent publications include
The Politics of Blood: Ethics Innovation and the Regulation of Risk (2012) and Organ Shortage: Ethics Law and Pragmatism (co-edited with D. Price and M. Quigley, 2011).Tamara Hervey is Jean Monnet Professor of EU Law at the University of Sheffield, UK. Her research and teaching interests are in the field of European Union social and constitutional law, in particular its application in health fields, social security and welfare. She works across disciplines, and considers law in the context of broader modes of regulation. She is interested in socio-legal theory and method, and legal research methodologies in general, in particular as applied to the law of the European Union. Her recent books include
Health Law and the European Union (with J McHale, 2004), Health Systems Governance in Europe: The role of EU law and policy (with E Mossialos, G Permanand, and R Baeten, 2010), andResearch Methodologies in EU and International Law (with R Cryer, B Sokhi-Bulley, and A Bohm, 2011).Thérèse Murphy is the Professor of Law and Critical Theory in the Faculty of Social Sciences at the University of ?Nottingham. Her work focuses on human rights law and practice, and her publications include
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