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i Filozofii Społecznej

Journal of the Polish Section of IVR (ISSN:2082-3304)

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Polish Penal Law and Ethical Issues Relating to Transplantation

Prof. UŚ dr hab. Olga Sitarz

University of Silesia

Abstract: The purpose of this publication is to systematize the present ethical problems relating to transplantation and to confront them with penal legislation, from which norms prohibiting certain types of conduct with regard to transplantations may be derived. The starting point for the analysis is a consideration of the fundamental ethical values required both in the treatment process as such and in transplantation in particular (principle of respect for autonomy, nonmaleficence, benevolence, and justice). Therefore, the problem of admissibility of transplantology as such must be touched upon, along with its tenets and preconditions and, most importantly, with commercialization of the organs intended for transplantation. In the Polish legal system, transplantation is regulated by the 2005 Act on the Removal, Storage and Transplantation of Cells, Tissues and Organs. The Act is a specific Polish response to the doubts and dilemmas relating to transplantation. In this context, special significance attaches to the penal provisions which impose liability for transplantation-related crimes. It is noteworthy that criminalization of paid activities relating to transplantation has a rather complex and specific history. It follows from the evolving evaluation of the social harmfulness of prohibited acts, which in itself gives rise to certain controversies. There are also doubts as regards the object of protection of some crime definitions and the scope of criminalization.

Keywords: transplantation, organ trade, criminalization of commercialization of trade in organs

Language: Polish

Published: Number 1(19)/2019, pp. 51-62

DOI: https://doi.org/10.36280/AFPiFS.2019.1.51

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Number of downloads: 20

Filed Under: Articles Tagged With: criminalization of commercialization of trade in organs, Olga Sitarz, organ trade, transplantation

The influence of the conscience clause and cultural defense on the appraisal of the structure of crime

Prof. UŚ dr hab. Olga Sitarz, Dr Dominika Bek, Mgr Jakub Hanc

University of Silesia

English abstract: The submitted study is devoted to the clause of conscience and cultural defense. The initial arguments are focused on explaining the indicated terms, by referring to current doctrinal positions. The basic course of considerations – devoted to primary and secondary legality, legislative and non-legislative lawful excuses, circumstances reducing or excluding guilt – is an attempt to answer the question of where in the structure of crime is a place for conscience clause and cultural defense.

Keywords: conscience clause, cultural defense, crime, legislative lawful excuse (justification), non-legislative lawful excuse, circumstances excluding guilt

Language: Polish

Received: 28.03.2017
Accepted: Załączniki07.08.2017

Published: Number 2(15)/2017, pp. 60-79.

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Number of downloads:
109

Filed Under: Articles, Full texts Tagged With: circumstances excluding guilt, conscience clause, crime, cultural defense, Dominika Bek, Jakub Hanc, legislative lawful excuse (justification), non-legislative lawful excuse, Olga Sitarz

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Keywords

phenomenological philosophy Ludwig Wittgenstein Katarzyna Hanas legislative history naturalism subjectivism conservatism normative and methodological debate Russian philosophy of law scientific study of law Aleksandra Samonek networks legal guarantees of advocates’ activity reflective equilibrium Rafał Mańko Ronald Dworkin Kant intention formalism ethical-professional intuition contextualism the triad of causes legal certainty Michał Dudek constitutionalization of international law cohesion dialogue Zygmunt Ziembiński Jacek Srokosz freedom of the ancient and modern judicial election law as a border Marcin Matczak Russian jurisprudence theory of state and law ius et lex cultural evidence cognitive linguistics theory of meaning generative linguistics Sławomir Drelich application of law ordoliberalism ideology consumer protection Arlie Hochschild history of the profession of legal advisor sorites paradox subjectivity veil of ignorance

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