| Budget Amount *help |
¥2,530,000 (Direct Cost: ¥2,200,000、Indirect Cost: ¥330,000)
Fiscal Year 2007: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
Fiscal Year 2006: ¥1,100,000 (Direct Cost: ¥1,100,000)
|
|---|
| Research Abstract |
There are many problems that must be set a legal standard immediately in the field of bioethics, and "the human dignity" (Article 1 Constitutional Law of the Federal Republic of Germany) is paid attention as a standard to deal with bioethics problems. This study tried to apply this concept to the problems of bioethics as one in a positive law of the Japanese Constitution. In addition, as the premise, I have deepened understanding of "respect for individuals" (Article 13 Japanese Constitution) that has relation to "human dignity". Its products are "Individuals as Educator and as Educated" and "Imagination to the Philanthropy- Respect for Individuals-". I have studied many judicial decisions about the human dignity in "Primary Decisions of the Federal Constitutional Court in Germany III", and deepened the understanding of the concept.
In "Die Achtung vor dem Individuum und die Wurde des Menschen" I have confirmed that "human dignity" that do not exist in the Japanese Constitution has the
… More
relation to Article 18, 36 and 25 besides Article 13 of the Constitution of Japan, and showed that the concept is deduced from them, and that it must be functioned as one of the contents of "public welfare". In this general theory frames I clarified the limit about "the gene manipulation" that extremely a lot of discussions were made to fight in "Paternalism to the Person who Remained Silent". In this monograph I have showed that we should use the "human dignity" as a limit model when we can specify the infringed human subject and the "object formula" is applied to it, and clarified a case to apply to this by a gene manipulation. In the other areas, we should judge it by "respect for individuals", and I have pointed out that we should do it on the side of "the children who will come", not the side of the parent who chose a gene. And I have regarded a gene manipulation as paternalism for them who cannot display the intention, and clarified concretely about the permissible limits of the each gene manipulations based on this. Less
|
