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Bart van Klink

    Law and method
    Symbolic Legislation Theory and Developments in Biolaw
    • This edited volume explores the intersection of symbolic legislation theory with biolaw and bioethics. Traditionally, symbolic legislation has been viewed negatively, often seen as ineffective and serving political goals rather than stated objectives. However, a more positive interpretation has emerged, viewing symbolic legislation as a viable alternative to traditional, authoritarian legislative methods. Instead of imposing strict commands, lawmakers now aim to promote aspirational norms that encourage behavior change through dialogue and social interaction. Since the 1990s, advancements in biomedicine have reignited interest in symbolic legislation, particularly as it relates to deeply ingrained cultural perceptions of human biology. Given the contentious nature of these issues, legislators have adopted alternative strategies for creating legal frameworks, emphasizing communicative and interactive approaches in the governance of medical biotechnology. The often-overlooked symbolic dimensions of biolaw are crucial to understanding the legal-political debates surrounding bioethical issues. As biomedical technologies evolve, human body materials have gained significant scientific, medical, and commercial value, challenging existing legal interpretations. This raises vital questions about how the law should reflect symbolic values in a pluralistic society and how to determine what those values should be.

      Symbolic Legislation Theory and Developments in Biolaw
    • Law and method

      • 388 páginas
      • 14 horas de lectura

      This book gives an overview of the most relevant disciplines for interdisciplinary research on law. What are the characteristics of these disciplines one really needs to understand in order to do research that combines law with them? The book consists of three parts. The first part addresses general methodological questions about legal scholarship and interdisciplinary research. The second part consists of chapters exploring the relationship between law and other disciplines. The disciplines are classified in broadly three categories: empirical social science, humanities, and language-oriented disciplines. The third part contains examples of interdisciplinary research in practice: how is it done, what kinds of problems arise when doing such research, and what insights into law does it provide? Contributors: Francesca Dominello, Nienke Doornbos, Julen Etxabe, Eveline Feteris, Jeanne Gaakeer, Henrike Jansen, David Janssens, Harm Kloosterhuis, Michiel Köhne, Oliver W. Lembcke, Randall Lesaffer, Hila Nevo, Alessio Pacces, Barbara Spellman, Sanne Taekema, Eric Tjong Tjin Tai, Koen Van Aeken, Wibren van der Burg, Bart van Klink, Louis Visscher, Willem Witteveen, Nicolle Zeegers

      Law and method