Earticle

초록

영어

Debate over the relationship of law and bioethics is growing - what the relationship has been and what it should be in the future. While someone has praised law and rights-talk for creating modern bioethics, others has instead blamed law for hijacking bioethics and stunting moral reflection. Indeed, as modern bioethics approaches the 40-year mark, historians of bioethics are presenting divergent accounts. In one accoun,t bioethics largely grew out of philosophy and theology, not law. In another account, law has deeply shaped bioethics from the start, forging its central commitment to the rights of patients and research subjects and the field's imposition of broad fiduciary responsibilities on health care professionals and researchers. In addition to debating how to properly describe law's historical relationship to bioethics, commentators have argued over whether law's influence in bioethics is now good or bad. The issues of bioethics step into the realm of law suddenly through the so-called Shinchon Sevrance Hospital Case. The Case opened the discourse of bioethical issues in earnest. Now issues of bioethics are switching from private, ethical problems to public, legal problems. In case of the realization of dispute, the intervention of court is unavoidable, but it does not produce good results. So it is necessary to recognize the limitations of legal regulation as well as it's necessity. In recent years, we learned that scientists have created social risks forcing us to think through these issues very carefully. Most of bioethical issues are at the leading edge of a series of moral hazards. Sometimes we may face that it is needed to prevent some wrong-doing before becoming huge criminal behaviour. Certain criminal policy must be designed to analyse the science-related crimes.

목차

Ⅰ. 서론
 Ⅱ. 생명윤리와 법의 관계
 Ⅲ. 법규범력 확보방안과 그 내용
 Ⅳ. 생명윤리에 관한 형법적 개입의 정당성
 Ⅴ. 결론
 참고문헌
 ABSTRACT

키워드

생명윤리 생명과학 긍정적 법죄학 인간복제 생명공학과 법 생물학적안전성 Bioethics Biotechnology Positive Criminology Human Cloning Biotechnology and Law Biosafety

저자

• 황만성 [ Hwang, Mans - Seong | 원광대학교 법학전문대학원 교수, 원광대학교 법학연구소 연구위원, 법학박사. ]

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