Derecho versus bioètica en las tomas de decisiones mèdicas en torno a casos límites
Published: June 30, 2011
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All claims expressed in this article are solely those of the authors and do not necessarily represent those of their affiliated organizations, or those of the publisher, the editors and the reviewers. Any product that may be evaluated in this article or claim that may be made by its manufacturer is not guaranteed or endorsed by the publisher.
Authors
Professore di Medicina Legale, Università di Granada, Spain.
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The author reflects upon the ethical dilemmas of nowadays doctors and which are the measures they have to try to solve them. He denies that bioethics is the panacea for solving these issues as well as the consideration of law as the last instance of the ideal of justice. The answer everybody looks for in the quest for the optimal resolution of a problem. The author is specially critical with lines of thought that advocate a neutral kind of Justice in moral issues letting individuals act according to their own believes. The author accuses neutral liberalism of creating a society without values and of promoting laws that are transforming society. The author explores the future of humanity threatened by techniques that may modify the Genome and therewith create new types of human beings. The author reflects upon the relation Science-Ethics-Law to demonstrate that both bioethics and law should have solid scientific foundations. As an example, the author mentions how the Fundamental Laws for assisted human reproduction and biomedical research in Spain 14/2006 and 14/2007 were based on the opinion of a sole commission without scientific warrant. The author outlines how the essential aspect in order to be able to legislate about the juridical nature of the human embryo is to establish scientifically and unequivocally when does a human life begin. After considering different opinions he analyzes that all the scientific arguments that support the juridical nature of the embryo and most abortion laws denying personhood of the embryo until after a certain period of implantation, are based upon the same type of never proven speculation. In 1922 G. W. Corner put in relation the structure of fetal membranes (chorionicity, amnion) with different hypothetical stages of embryonic duplication. Corner presented his theory as a theoretical suggestion, a speculation. (We may permit ourselves to (…) indulge in a brief speculation regarding the morphogenesis of human monochorionic twins). Modern author, Rowena Spencer has demonstrated that this theory is far from true. The author finishes by saying that only a society that considers man, as an end in itself notwithstanding circumstances will be saved from self-destruction.
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