Bioethical Principles in the Vortex of Law
摘要
This chapter examines the emergence and establishment of bioethical principles in light of the complex and often tense relationship between law and bioethics. It explores the journey from identifying bioethical questions and problems to formulating ethical and legal regulation principles. The analysis focuses on two pivotal documents in bioethics—one in America and one in Europe. The first document is the Belmont Report, formally titled Ethical Principles and Guidelines for the Protection of Human Subjects of Research. In 1978, the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research was a foundational bioethical code for healthcare and research. The second document is the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine, or the Oviedo Convention since it was opened for signature in Oviedo in 1997. This European ethical instrument plays a significant role in shaping bioethical discourse at the transnational level. Both documents focus on the role of deliberation and public debate in the formulation of fundamental ethical rules and their applications, especially in response to advancements in science and technology. By examining the process through which ethical principles are transformed into legal norms, this paper highlights the evolution of bioethical discourse and the essential distinction between morality and law. The analysis concludes that the interplay between law and bioethics—marked by the penetration of legal principles into bioethics and the incorporation of ethical principles into legal frameworks—is mutually enriching. Far from undermining either discipline, this integration facilitates the resolution of the profound challenges posed by modern technology and its impact on human life.