Bibliographic citations
Pisfil, E., (2000). Propuestas básicas para el nacimiento del bioderecho y plan de gestión para incorporar su temática en el ordenamiento jurídico nacional [Tesis, Universidad Nacional de Ingeniería]. http://hdl.handle.net/20.500.14076/1815
Pisfil, E., Propuestas básicas para el nacimiento del bioderecho y plan de gestión para incorporar su temática en el ordenamiento jurídico nacional [Tesis]. : Universidad Nacional de Ingeniería; 2000. http://hdl.handle.net/20.500.14076/1815
@mastersthesis{renati/705115,
title = "Propuestas básicas para el nacimiento del bioderecho y plan de gestión para incorporar su temática en el ordenamiento jurídico nacional",
author = "Pisfil Chavesta, Eulogio",
publisher = "Universidad Nacional de Ingeniería",
year = "2000"
}
The present Mastery Thesis Work searches for problematizing about which is The Law and The Jurist Function at the beginning of a new society, marked fundamentally by the acceleration change, the transitoriness, the diversity and the novelty, which influence essenciatially in the new emergent conceptions in the Bio Law area. The tecnological and scientific development in Biology, specially in Genetics Engineering and Biotechonology, is questioned not to the Law but to its historical interpretation that is dogmatic, strict, current and far from reality. A law conception, in this proyection, it is opposite to the scientific - technological development and it rejects, instead of promoting, the regulation of the latest events in molecular, cellular and organic biology explained publically in the “Dolly“ Shepp donation by the Scotish Scientist Ian Wilmut and afterwards with the “Neti“ and “Ditto“ Ape donation, made by the American Scientist, following the same “Dolly“ Sheep technics. The exposed reality and its probable application in human beings that it is not a fiction but a possible reality, it states us of clarify the new attitude or role that the Law and the Jurist must assume to face molecular, cellular and organic Biology development whose contents are the base for the Bio Law development. For us, the relation between the Law and scientific and technological development related to the Assited Reproduction Technics: Artificial Insemination, Fertilization In Vitro and donation, Bio Law affairs, it must not be conflictive, is must not cause a fictitious conflict between Law, Science and Tecnology. We must understand Law, not as a dogmatic option, planted in the past that looks at the present; no, we should conceptualize Law as the ruled life of a society in permanent change, whose essential purpose it is to protect the person in her individual and social aspects. To use Law and its formal expression: The law to neutralize or to prohibit the human reproductive research, it is not to learn the given teaching by the History: The law has never hindered the true political, social and scientific revolutions; they have come out even against the law will The law and the jurist in a intersubjects relation: Biologists, Doctors, Psychologists, Theologians, etc., must establish a set of ethical and juridical principles and rules which shall serve as a parameter and orientation to the science and to the technology and also, to their operators, without ristricting the scientific and technological development in reproductive biology. This latest knowledge has to be circumcrisbed into constitutional parameters, respecting the human being as a whole. We promote a Law inserted in its changing reality facting to the future and not enclosed nor in the past neither in the present.
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