БИОЕТИЧКО ЛИЦЕ ПРАВА
BIOETHICAL SIDE OF THE LAW

Summary/Abstract: Nowadays law is unjustifiably separated from bioethics, thereby making the normative solutions it offers seem like the expression of the legal positivism. Surely, this doesn’t do damage only to law but to the complete spectrum of sciences, which in many-sided perspective are involved in solving the bioethical issues. Legal positivism seems to want to separate law and to present it as the simple legal technique of the standardizing bioethical issues. Then what is left of law? The answer to this question will depend on the aspect of considering the issues. If we consider the entire problem of relationship between bioethics and law from the point of view of legal positivism, the relationship will be boiled down to short positive legal standardization and solving the bioethical issues. Bioethical reality then, in the inadequate and short way, gets the legal clothing which is quickly “torn”. If this relation is considered by means of value aspect we will get the quiet and long-lasting way of solving bioethical issues which will not be boiled down to simple legal standardizing but will follow the path of long-lasting solutions. These solutions of the criminal-law theory, the theory of law, and legal ethics offer not only the long-lasting but also the more adequate protection of man, who is not approached as means but as the purpose. That’s the core of every humanistic perspective of viewing the man, which certainly includes law and bioethics.

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