Pathologien an der Nahtstelle von Recht und Ethik in der Biomedizin
Contrary to one of the tenets of normativism in the philosophy of law the law is not universally a self-contained normative system but takes in part recourse to the norms of extra-legal disciplines and institutions. This recourse is significant especially where legal judgements involve highly complex judgements requiring the help of experts or are meant to give room to adaptations to fast-changing scientific or technical developments. The contribution critically reviews the references the present German biolaw makes to non-legal norms and judgements in controversial areas of biomedicine such as late abortion, animal experimentation, organ transplantation and stem cell research and argues that these references involve a number of paradoxes and other incoherencies.
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Document Type: Research Article
Publication date: 2010-10-01
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- Archiv für Rechts- und Sozialphilosophie, edited by authorisation of the International Association for Philosophy of Law and Social Philosophy (IVR), is an international, peer-reviewed journal, first published in 1907. It features original articles on philosophical research on legal and social questions, covering all aspects of social and legal life.
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