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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

Received: 17.08.2018
Accepted:
31.12.2018

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: 100

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:
146

Filed Under: Articles 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

language of norms Noam Chomsky Jakub Łakomy Walzer ‘componential’ theory of values limitations of the lawyers’ power Marta Chmura trial David DeGrazia meaning externalism rational model liability for damages ius et lex semantic sting Filip Rakoczy comparative approach Milena Korycka emotions individual and political freedom intellectual property paternalism global constitutionalism legal lenguage manner of taking into account the expiration of the limitation period teleological ethics legal narrative judicial discretion legal multicentrism cultural defence legal concepts normative theories of legal interpretation Jedwabne debate Isaiah Berlin sovereignty patient's rights Herbert L. A. Hart social interest advocate in dubio contra reo law and emotions thick terms dialogical cosmopolitanism basic social structure Saul Kripke principle of nondiscrimination dissenting opinion conflict management equal consideration principle legal principles Immanual Kant moral luck

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