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Symbolic Legislation Theory and Developments in Biolaw (Hardcover, 1st ed. 2016)
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Symbolic Legislation Theory and Developments in Biolaw (Hardcover, 1st ed. 2016)
Series: Legisprudence Library, 4
Expected to ship within 12 - 17 working days
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This edited volume covers new ground by bringing together
perspectives from symbolic legislation theory on the one hand, and
from biolaw and bioethics on the other hand. Symbolic legislation
has a bad name. It usually refers to instances of legislation which
are ineffective and that serve other political and social goals
than the goals officially stated. Recently, a more positive notion
of symbolic legislation has emerged in legislative theory. From
this perspective, symbolic legislation is regarded as a positive
alternative to the more traditional, top-down legislative approach.
The legislature no longer merely issues commands backed up with
severe sanctions, as in instrumental legislation. Instead,
lawmakers provide open and aspirational norms that are meant to
change behavior not by means of threat, but indirectly, through
debate and social interaction. Since the 1990s, biomedical
developments have revived discussions on symbolic legislation. One
of the reasons is that biomedical legislation touches on
deep-rooted, symbolic-cultural representations of the biological
aspects of human life. Moreover, as it is often impossible to reach
consensus on these controversial questions, legislators have sought
alternative ways to develop legal frameworks. Consequently,
communicative and interactive approaches to legislation are
prominent within the governance of medical biotechnology. The
symbolic dimensions of biolaw are often overlooked. Yet, it is
clear that the symbolic is at the heart of many legal-political
debates on bioethical questions. Since the rise of biomedical
technologies, human body materials have acquired a scientific,
medical and even commercial value. These new approaches, which
radically question existing legal symbolizations of the human body,
raise the question whether and how the law should continue to
reflect symbolic values and meanings. Moreover, how can we decide
what these symbolic values are, given the fact that we live in a
pluralistic society?
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