The Question of the Value of Human Life in Theoretical Discussions and in Practice. A Legal Philosophical and Theory of Law Perspective
Journal Title: Białostockie Studia Prawnicze - Year 2018, Vol 0, Issue 23
Abstract
The value of human life has a basis in cultural norms, both moral and religious. In democratic states it is refl ected in the right to life, which has become a foundation for all other human rights and freedoms. Nonetheless, in contemporary legal philosophical thought, the treatment of life as an absolute value and as absolutely inviolable is not the only perspective. Alongside the traditional principle of the sanctity of life, there are those who propose to give precedence to its quality. Th at quality is gradable and depends on biological and genetic factors. Such a view brings to light new aspects of legal interference in the domain of the life of individuals. It justifi es, for example, the permissibility of abortion in the case of a foetus suff ering lethal defects. It raises the possibility of allowing claims for redress for harm done by bringing about wrongful life (“life that is not worth living”) or wrongful birth. Th ese issues are highly controversial from an axiological standpoint, while also becoming a source of moral dilemmas. At the same time, given the progress currently being made in biotechnology, they demand legal regulation.
Authors and Affiliations
Anetta Breczko, Marta Andruszkiewicz
Keywords
Related Articles
- EP ID EP514235
- DOI 10.15290/bsp.2018.23.04.01
- Views 56
- Downloads 0
Coincidence of Criminal and Disciplinary Proceedings in the Context of the Provisions of the Law on Higher Education
Th e current formula of disciplinary liability is neither clear nor uniform. Built on the basis of a number of independent regulations, it is inconsistent with the general pattern of uniformity and universal use. Interes...
Activities of Non-Governmental Organizations in Polish Courts that Do Not Include Involvement in Proceedings
Non-Governmental Organisations in Poland show a wide interest in the justice system. Th eir actions are not limited to litigation. Th e paper outlines a typology of activities performed by NGOs in courts or closely relat...
Th e Admissibility of ‘Private Opinions’ in Civil Medical Litigation Based on the Patient’s Right to Medical Documentation
A private opinion is a statement referring to the expertise not obtained from an expert appointed by the court. Consequently, in medical proceedings this opinion is not as important as expert evidence within the meaning...
Off ences Against Elections and Referenda – Selected Legal, Criminal and Criminological Aspects
This research paper elaborates on the problem of off ences against elections and referenda, and analyses provisions of the XXXI Chapter of the Polish Penal Code, penalizing electoral off ences. A detailed description of...
On Education in the Global Culture of Lawfulness
Th is essay seeks to clarify what is meant by a Culture of Lawfulness (CoL), fi rst in its original academic terms and antonym – lawlessness. Th e author ventures into its quintessence from a sociological perspective of...