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KMID : 1172020110120010087
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Journal of Korean Bioethics Association
2011 Volume.12 No. 1 p.87 ~ p.109
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Discussion about the morality and legality between Bioetics and the Law
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Lee In-Young
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Abstract
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Questions about the relationship between law and morality have a long history. Current legislation on bioethics is being made and ethical issues have been resolved by legislation. According to Kant, law and morality are separate from each other. In the Groundwork of the Metaphysics of Morals, He observes that the only thing that is unconditionally good is the good will and that the basis for any possible giving of positive laws’ lies in the sum of the conditions under the choice of one can be united with the choice of another. Kant’s philosophy of law is that law is the conditions for jointly possible freedoms and the sum of conditions under which the choice of one can be united with the choice of another in accordance with a universal law of freedom. However, according to Kant, morality is the foundation of the legitimacy.
Legislation regarding the life sciences increased recently. Law can not be neutral, since there are a conflicts of the interested parties with regard to the development of life sciences. When we establish the Bioethics Law, it should be based on basic principles of bioethics such as categorical imperatives. The idea of respect and protection of human dignity should be declared in the legislative process of bioethics law. However the ethical debates have recently been increased on the embryo"s legal status whether it may respect its dignity and life in the course of research with embryonic
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KEYWORD
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human dignity, morality, legality, Law and Bioethics
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