| Special Workshop Title: | Practical and Theoretical Problems in Legislation. Research in Legisprudence |
| Author: | Maurice Adams |
| Paper Title: | Legislating Ethics after Hobbes and Hart |
| Abstract: |
It is remarkable to note that because of the
(enduring) influence of analytical jurisprudence, there has long been
hardly any attention for the question under which conditions legislation
can be legitimate and effective at the same time. We might speak of a
blind spot. In recent years this situation has been changing. Still a
lot of work has to be done. This paper tries to contribute to the field,
and takes as a starting point the ‘fact of pluralism’ (Rawls)
concerning ethics. Given this fact, the questions the paper looks at can
be stated in the following way:
My suggestion is that most biomedical issues to be legitimate and effective at the same time, can best be regulated through some sort of self-regulation. The question then is what is meant by self-regulation: who should be involved and who not? And: under which conditions is there space for self-regulation? By confronting the democratic models of Rousseau and Habermas, some lessons are drawn. |
This page was last updated on: 2003-06-06.