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International Studies in Phenomenology and Philosophy

Book | Chapter

224214

Introduction

symbolic dimensions of biolaw

Lonneke PoortBart van Klink

pp. 1-15

Abstract

In its effective history, the concept of 'symbolic legislation" has acquired various, not always compatible meanings. In socio-legal studies, it usually refers to instances of legislation that are ineffective and that serve other political and social goals than the goals officially stated. This could be called symbolic legislation in the negative sense, since it is associated with power simulation and deception of the people. During the 90s of the last century, however, a more positive notion of symbolic legislation emerged, in particular in Dutch legislative theory. From this perspective, symbolic legislation was conceived as an alternative legislative approach that differs from the traditional top-down approach. The legislature provides open and aspirational norms that are meant to change behavior not by means of threat but indirectly, through debate and social interaction. This edited volume intends to give a new impulse to the academic debate on symbolic legislation by applying it to the field of biomedical law ("biolaw"). Since the 1990s, legal frameworks have been developed for the regulation of recent and emerging biomedical technologies. The symbolic dimensions of law can be recognized in this emerging field of law in several ways. One of the main reasons why regulation of biomedical developments has lead to such heated debates, is that these developments touch on deeply rooted, symbolic-cultural representations of the biological aspects of human life. More specifically, biomedical approaches to the human body are often characterized by instrumental, utilitarian or even economic views of the value of human body materials, thereby questioning existing, status-based approaches to the human body, which take the symbolic connectedness between persons and their bodies as their starting point. Also in other ways the governance of medical biotechnology offers a striking example of the symbolic dimensions of law. As it is often impossible to reach consensus on these controversial questions, legislators have sought alternative ways to develop legal frameworks. The aforementioned communicative or interactive approach to legislation is therefore prominent within biolaw.

Publication details

Published in:

van Klink Bart, van Beers Britta, Poort Lonneke (2016) Symbolic legislation theory and developments in biolaw. Dordrecht, Springer.

Pages: 1-15

DOI: 10.1007/978-3-319-33365-6_1

Full citation:

Poort Lonneke, van Klink Bart (2016) „Introduction: symbolic dimensions of biolaw“, In: B. Van Klink, B. Van Beers & L. Poort (eds.), Symbolic legislation theory and developments in biolaw, Dordrecht, Springer, 1–15.