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Bioethics and law: a developmental perspective.

Wibren van der Burg

    Bioethics
    |April 1, 1997
    PubMed
    Summary
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    Health law and bioethics have evolved through three models: moralistic-paternalistic, liberal, and a emerging postliberal phase. The postliberal model sees health law and bioethics diverging due to differing scopes and ambitions.

    Area of Science:

    • Medical Ethics
    • Health Law
    • Legal Philosophy

    Background:

    • Health law and bioethics in Western countries share a strong historical connection.
    • Their early development was influenced by specific intertwined factors.
    • This paper examines these factors and proposes a three-phase development theory.

    Observation:

    • The moralistic-paternalistic model lacks explicit medical ethics and relies on traditional morality and paternalism.
    • The dominant liberal model features close cooperation between law and ethics, focusing on patient autonomy and rights.
    • This liberal model exhibits one-sidedness due to its product-oriented, minimally decent, and autonomy-centric approach.

    Findings:

    • A third, postliberal model is emerging in some countries.
    Keywords:
    Analytical ApproachBioethics and Professional EthicsLegal Approach

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  • In this model, health law becomes more modest, recognizing its limitations.
  • Bioethics adopts a more ambitious perspective, leading to a partial divergence between the two fields.

    • Implications:

    • The divergence in the postliberal model may necessitate new frameworks for health law and bioethics.
    • Understanding these developmental phases is crucial for navigating future legal and ethical challenges in healthcare.
    • The shift suggests a re-evaluation of the balance between legal regulation and ethical aspiration in healthcare.