The aim of the paper is to shape models to describe the different legal approaches towards the regulation of biolaw issues, characterised by tension between different axiological orientations. These models highlight the various interactions between the legislature and the judiciary at the crossroads between the legal recognition of different moral values and the regulation of scientific development in medical sciences. The three models could be described as follows. The preclusive model is characterized by the rigidity of the legislative datum, which requires the intervention of the jurisdiction. In the inactive model, the abstentionist behaviour of the lawmaker does not thwart individual demands and needs. Finally, the integrative legislative approach, while trying to reconcile different positions, may also require judicial intervention. Conclusions show that in this field any decision is never permanent and has always to be open to review.

BioLaw Facing Pluralisms: Three Simple Models for Complex Issues / Busatta, Lucia. - STAMPA. - 92:(2021), pp. 9-32. [10.1007/978-3-030-78475-1_2]

BioLaw Facing Pluralisms: Three Simple Models for Complex Issues

Busatta, Lucia
2021

Abstract

The aim of the paper is to shape models to describe the different legal approaches towards the regulation of biolaw issues, characterised by tension between different axiological orientations. These models highlight the various interactions between the legislature and the judiciary at the crossroads between the legal recognition of different moral values and the regulation of scientific development in medical sciences. The three models could be described as follows. The preclusive model is characterized by the rigidity of the legislative datum, which requires the intervention of the jurisdiction. In the inactive model, the abstentionist behaviour of the lawmaker does not thwart individual demands and needs. Finally, the integrative legislative approach, while trying to reconcile different positions, may also require judicial intervention. Conclusions show that in this field any decision is never permanent and has always to be open to review.
Axiological Pluralism: Jurisdiction, Law-Making and Pluralisms
Cham, CH
Springer
978-3-030-78474-4
978-3-030-78475-1
Busatta, Lucia
BioLaw Facing Pluralisms: Three Simple Models for Complex Issues / Busatta, Lucia. - STAMPA. - 92:(2021), pp. 9-32. [10.1007/978-3-030-78475-1_2]
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11572/323086
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