| Project/Area Number |
25380019
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Ritsumeikan University |
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Principal Investigator |
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| Co-Investigator(Kenkyū-buntansha) |
渡辺 千原 立命館大学, 法学部, 教授 (50309085)
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| Research Collaborator |
OHNISHI Takayuki 京都文教大学, 講師
SUMIDA Akiko 明治国際医療大学
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| Project Period (FY) |
2013-04-01 – 2017-03-31
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| Project Status |
Completed (Fiscal Year 2016)
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| Budget Amount *help |
¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
Fiscal Year 2015: ¥260,000 (Direct Cost: ¥200,000、Indirect Cost: ¥60,000)
Fiscal Year 2014: ¥390,000 (Direct Cost: ¥300,000、Indirect Cost: ¥90,000)
Fiscal Year 2013: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
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| Keywords | 生命倫理 / ソフトロー / 法システム構造 / 人間の尊厳 / 自律 / 自己決定 / 法と社会 / 医療倫理 / 法システム / 法原理 / 倫理的規制 / 法 / 医療法 / ガイドライン / 法理論 / 法的規制 |
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| Outline of Final Research Achievements |
Soft law is a type of laws which are often used to cope with ethical problems in various areas. The purpose of this research was to explore the significance of soft law in the area of advanced medical technologies from its theoretical as well as practical aspects. The results of research have been limited, only with elucidations in the following three respects. First, soft law in bio-ethical areas is a law without efficacy, but surely is a commitment to forming a fair order by regulating ethically. Second, soft law is, as an effective means to form a social order, related to other forms of law in the integral structure that has multiple layers from hard to soft laws. Third, however, it always involves some ethical risks of cheating, pressing and inducing because "soft" means "ambiguous" so that unethical elements could slip into the legal process in some ways or another. This research is just the beginning that should be followed by further ones regarding bio-medical soft law.
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