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Related Experiment Videos

Constitution and common law in bioethics.

A Santosuosso1

  • 1Via Marcona 105, 20129 Milano, Italy. asantosu@tin.it

Bioethics
|June 13, 2002
PubMed
Summary
This summary is machine-generated.

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Legal interventions in bioethics are increasing globally through vertical and horizontal legal paths. International bioethics law shows a trend toward universal judge-made law, emphasizing self-determination.

Area of Science:

  • Bioethics Law
  • International Law
  • Legal Rights

Background:

  • Increased legal interventions in bioethical matters via diverse legal instruments.
  • Constitutionalization of body and liberty as fundamental legal rights through vertical and horizontal paths.
  • Emergence of international bioethics law influenced by global centers and judicial decisions.

Purpose of the Study:

  • To analyze the evolving landscape of legal interventions in bioethical matters.
  • To explore the concept of horizontal legal paths and their implications for bioethics.
  • To examine the potential for a universal, judge-made bioethics law.

Main Methods:

  • Analysis of legal interventions, including court decisions, parliamentary acts, and declarations.
  • Examination of vertical (centralized) and horizontal (decentralized, judiciary-led) legal constitutionalization paths.
Keywords:
Bioethics and Professional EthicsLegal Approach

Related Experiment Videos

  • Review of significant international bioethics case law (e.g., Cruzan, Bland, Massimo) for common principles.

    • Main Results:

    • Bioethical matters are increasingly addressed through both top-down legislation and bottom-up judicial interpretation.
    • Horizontal legal paths, driven by international judicial cooperation, foster recognition of differences as strengths.
    • Similar core concepts, such as self-determination, appear consistently across international bioethics case law.

    Conclusions:

    • A de facto universal judge-made law in bioethics is emerging, characterized by shared principles.
    • Judicial awareness of international precedents is crucial for harmonizing bioethics rulings.
    • Promoting judicial consciousness of common challenges can foster greater consistency in bioethics jurisprudence.