A juridical approach to decision-making in health issues
Keywords:
Bioethics, Decision-making in health issues, Right to life, Justice.Abstract
This article proposes an approach from the juridical sciences to decision-making in health issues. Biotechnologies have impact the foundings of medicine and a new discipline has emerged to deal with the ethical perspective of health conflicts: bioethics. Law, also, deals with these conflicts, trying to determine what is just. That requires to begin from first principles, which express natural law, that become more precise through practical reasoning to set the just due action. We analyze those first principles as presented by natural law and its implications in bioethics: the principle of human life inviolability, the principle of respect of the human life transmission through the union of a man and a woman, and the principle of seeking the good according to rationality. Then we consider the importance of in bioethics of the distinction between negative norms and positive norms. The conclusion emphazises the importance of a ethical and juridical reflection over human life besides the huge challenges of biotechnologies.Downloads
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