Biolaw

Abstract

The entry begins with a definition of biolaw and explains the passage from bioethics to biolaw.

In the first part, the article investigates the relationship between moral pluralism and biolaw, outlining the models and theories stemming from the theoretical debate, which precedes and lays the foundations for biolegislation and biojurisprudence. The different models of biolaw, the libertarian, the liberal, and the utilitarian model, are critically described, placing a particular emphasis on their neutral common perspective within the context of ethical pluralism. The personalist model of biolaw based on the recognition of human dignity in the human rights perspective is presented as opposed to the neutral perspective.

The second part of the article focuses on tracing the historical evolution of biolaw at the national and international levels. At the national level, emerging trends show prevalence in different legal systems, of either rights to freedom, to social convenience, or to the dignity of the human person, based upon the development of different biolegal models related to the single topics, within the context of moral pluralism, resulting in regulatory heterogeneity. At the international level, different regulation paths have been considered, with a view to achieving a global regulatory harmonization: codes of conduct drawn up by international organizations are mainly devoted to human experimentation; the sources of international biolaw, within the framework of governmental, nongovernmental, and regional international organizations (UNESCO, WHO), set forth general issues in the context of the relationship between bioethics and human rights or specific topics.