Archiwum
Filozofii Prawa
i Filozofii Społecznej

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

IVR

Autonomy of Law in the Face of Bioethical Problems

Dr hab. Martyna Łaszewska-Hellriegel, prof. UZ

The University of Zielona Góra

English abstract: The article deals with the issue of the autonomy of law in bioethics. The first part of the text briefly presents the concepts of the autonomy of law developed by the doctrine, which are then juxtaposed with the specifics of bioethics. In epistemological terms, bioethics is a kind of hybrid, which will consist of both scientific claims and ethical arguments. The article asks whether we can speak at all about the concept of autonomy of law in bioethical issues? Or will legal arguments always depend on ethical principals? Finally, in which cases of bioethical argumentation can autonomy of law be seen? In this context, first of all, it draws the attention to the main task of bioethics, namely, the search for pragmatic solutions.

Keywords: Autonomy of law, bioethics, specificity of bioethics, postulate of moral autonomy of law, neutrality of law.

Language: Polish

Published: nr 4(41)/2024, pp. 81-90.

DOI: https://doi.org/10.36280/AFPiFS.2024.4.81

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Number of downloads: 56

This text is licensed under a Creative Commons Attribution 4.0 International License.

Rights – Person – Death. Part 1: Around Daniel Sperling’s Theory

Maksymilian Hau, Stanisław Jędrczak

University of Warsaw

Abstract: This article is divided into two parts. In the first part, presented here, we present arguments for the concept of post-mortem interests. Post-mortem interests are understood as events that constitute a detriment or a benefit or to the deceased person, a person who no longer exists. A right is an interest of the person recognized and protected by law. In the second part, which will be published shortly, we examine the possibility of applying and the actual application of the theory of post-mortem interests in the Polish legal system. We address the following issues: medical confidentiality, protection of medical data after the patient’s death, author’s moral rights, protection of the memory of the deceased, the law on orders and decorations, and the legal status of human corpses. The theoretical background for this article was the book by Daniel Sperling Posthumous Interest, in which the author outlined the problem discussed in the perspective of the common law regime.

Keywords: death, person, interests of the deceased, human being, bioethics, protection of the memory of the deceased

Language: Polish

Received: 24.06.2017
Accepted: 28.09.2017

Published: Number 2(17)/2018, pp. 75-89.

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Number of downloads: 227