Biotechnology Bioethics And The Law

With every new advancement in biotechnology, ethical and legal questions arise. Sometimes, those questions are easily addressed and settled. However, more often, these issues are not easily resolved and at times are left to the democratic process or markets to establish the boundaries of technological pioneering. In Biotechnology, Bioethics, and the Law, the authors canvass the broader fields, valleys, and pastures of biotechnology, providing mostly cases, but at times law review and medical journal articles to provide a comprehensive look at a given technology. Their goal is to encourage a critical engagement on the topics shared in the book, whether on cloning animals and plants for human consumption, drug regulation, or human reproduction and eugenics. Many of the cases contained in the book provide novel questions for judges. Some of these cases are the first impression for the courts, meaning that judges are attempting to learn the law in these new areas and develop its jurisprudence at the same time that the public -- or the reader -- are doing the same. As students read the cases, they are asked to consider whether they would reach the same conclusions as the courts. Are these issues better left to legislatures? Are markets the best forum for efficiently resolving biotechnological conundrums?

Improvement of man's genetic endowment by direct ac tions aimed at striving for the positive propagation of those with a superior genetic profile (an element of which is commonly recognized as a high intelligence quotient) or-conversely-delimitation of those with negative genetic inheritance has always remained a pri mary concern of the geneticist and the social engineer. Genetic integrity, eugenic advancement, and a strong genetic pool designed to eliminate illness and suffering have been the benchmarks of the "Genetic Movement" and the challenge of Orwell's Nineteen Eighty-Four. If the quality of life can in some way be either im proved or advanced by use of the law, then this policy must be developed and pursued. No longer does the Dostoyevskian quest to give life meaning through suf fering become an inescapable given. By and through the development and application of new scientific advances in the field of genetics (and especially genetic engi neering), the real potential exists to prevent, to a very vii Preface viii real extent, most human suffering before it ever mani fests itself in or through life. Freedom to undertake re search in the exciting and fertile frontiers of the "New Biology" and to master the Genetic Code must be nur tured and maintained. The search for the truth inevi tably prevents intellectual, social, and economic stag nation, as well as-ideally-frees all from anxiety and fright. Yet, there is a very real potential for this quest to confuse and confound.

This book offers an impressive collection of contributions on the epistemology of international biolaw and its applications, both in the legal and ethical fields. Bringing together works by some of the world’s most prominent experts on biolaw and bioethics, it constitutes a paradigmatic text in its field. In addition to exploring various ideologies and philosophies, including European, American and Mediterranean biolaw traditions, it addresses controversial topics straight from today’s headlines, such as genetic editing, the dual-use dilemma, and neurocognitive enhancement. The book encourages readers to think objectively and impartially in order to resolve the ethical and juridical dilemmas that stem from biotechnological empowerment and biomedical techniques. Accordingly, it offers a valuable resource for courses on biolaw, law, bioethics, and biomedical research, as well as courses that discuss law and the biosciences at different professional levels, e.g. in the courts, biomedical industry, pharmacological companies and the public space in general.

Ethical challenges -- Rationing health care -- Ethics committees -- Informed decisionmaking -- Embryonic and fetal experimentations -- Wrongful life or wrongful birth -- Procreational restraints -- Surrogation -- Fetal abuse -- Of clones and cryons -- The right to die with dignity.

Scientific research on biotechnologies has become the protagonist of discoveries that exert a formidable impact on public opinion. Every day popular opinion is challenged by the media, so that it becomes not only a witness of these developments, but is also, to a certain extent, forced to become a judge of those cases where human and animal genetics have been investigated over the last decades. The man-in-the-street is thus confronted by moral positions ranging from cautious approval, to wait-and-see attitudes, to unconditional condemnation. On the other hand, scientists are involved in the ethical evaluation of the results of their own research. However, the results of scientific pursuits are capable of producing immediate effects on the daily life of every human being. Consequently, alongside the scientists, people feel strongly about their need and their right to contribute to an accurate assessment of the effects of science on society. This is a collection of essays reflecting a considerable range of different cultural experiences and different ethical underpinnings. The main subject is cloning. Cloning is the most accessible and most readily perceived point of convergence from which ethical judgments on the current developments of scientific investigations can be proposed. Cloning is also the 'paradox' on which the confrontation between scientific research and popular imagination is focused.

Examines the influence of biotechnology and biomedicine on daily life and public policy, and discusses the legal system's involvement in the resolution of ethical concerns raced by biomedical advances.

Humanbiotechnology has progressed immensely, and humanbiotechnological research has entered a crucial stage. This collection of essays is a significant and original contribution to the public debate on humanbiotechnology and its ethical and social ramifications. Interdisciplinary in composition this volume brings together leading academics in the fields of biology, law, theology, ethics and sociology to share their viewpoints and insights and to promote exchange between disciplines and convey facts and opinions to the wider public on this increasingly important area of technological development and ethical interest. Eschewing analysis on pragmatic or utilitarian grounds the essays in this collection are informed by the key ethical concept of 'human dignity' which has been central to the continental debate on human bioethics and is gaining in importance for the debate in the anglophone world.

The Universal Declaration on Bioethics and Human Rights, 2005, marked a significant step towards the recognition of universal standards in the field of science and medicine. This book provides an overview of the ethical and legal developments which have occurred in the field of bioethics and human rights since then. The work critically analyzes the Declaration from an ethical and legal perspective, commenting on its implementation, and discussing the role of non-binding norms in international bioethics. The authors examine whether the Declaration has contributed to the understanding of universal or global bioethics, and to what degree states have implemented the principles in their domestic legislation. The volume explores the currency of the Declaration vis-à-vis the more recent developments in technology and medicine and looks ahead to envisage the major bioethical challenges of the next twenty years. In this context, the book offers a comprehensive ethical and legal study of the Declaration with an in-depth analysis of the meaning of the provisions, in order to clarify the extension of human rights in the field of medicine and the obligations incumbent upon UNESCO member States, with reference to their implementation practice.