2005 Fiscal Year Final Research Report Summary
Analyse on the right of choice bioethical
| Project/Area Number |
15530057
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Tohoku University |
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Principal Investigator |
MIZUNO Noriko Tohoku University, Graduate School of law, Professor, 大学院・法学研究科, 教授 (40114665)
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| Project Period (FY) |
2003 – 2005
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| Keywords | bioethics / medically assisted procreation / procreation post mortem / recognition post mortem / French Law |
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| Research Abstract |
The purpose of this research was to construct a legal theory concerning the concept of self determination in the field of bioethics. As the medical technology advances, there come up various issues regarding the legal procedures for the clients to receive advanced treatments. One of the issues that we took up in this research was the determination of the scope where the so-called self-determination should be respected.
It is apparent that the scope of self-determination should be limited somehow. But we need to know, how we could appropriately define the scope of self-determination.
In order to pursue this goal, we made thorough researches on the scholarly opinions and practices in France.
As results of this research, we have published several articles (e.g. Noriko Mizuno, "Civil code and the rights of child in the field of artificial proliferation" in Yuzawa ed., Hito-no Ho to I no Rinri, 2005). We have also published a case-note on a high court decision about a case where a widow had a baby by artificial insemination with the frozen sperm of her deceased husband. Our case-note on this decision seems to have had some influences on another decision (Tokyo District Court decision on Septemer 26, 2005) of a similar case.
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Research Products
(13 results)
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[Book] 人の法と医の倫理2005
Author(s)
湯沢雍彦, 宇津木伸編
Total Pages
769
Publisher
信山社
Description
「研究成果報告書概要(和文)」より
