2016 Fiscal Year Final Research Report
Reseach on the Significance of Bio-Medical Soft Law in its Theory and Practice
Project/Area Number |
25380019
|
Research Category |
Grant-in-Aid for Scientific Research (C)
|
Allocation Type | Multi-year Fund |
Section | 一般 |
Research Field |
Fundamental law
|
Research Institution | Ritsumeikan University |
Principal Investigator |
|
Research Collaborator |
OHNISHI Takayuki 京都文教大学, 講師
SUMIDA Akiko 明治国際医療大学
|
Project Period (FY) |
2013-04-01 – 2017-03-31
|
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 |
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.
|
Free Research Field |
法哲学
|