Symbolic Legislation Theory and Developments in Biolaw by Bart van Klink, Britta van Beers, Lonneke Poort

By Bart van Klink, Britta van Beers, Lonneke Poort

This edited quantity covers new flooring by way of bringing jointly views from symbolic laws concept at the one hand, and from biolaw and bioethics at the different hand.

Symbolic laws has a foul identify. it always refers to cases of laws that are useless and that serve different political and social pursuits than the pursuits formally acknowledged. lately, a extra confident concept of symbolic laws has emerged in legislative idea. From this angle, symbolic laws is considered a favorable substitute to the extra conventional, top-down legislative method. The legislature now not basically concerns instructions subsidized up with serious sanctions, as in instrumental laws. as a substitute, lawmakers offer open and aspirational norms that should switch habit now not via danger, yet in a roundabout way, via debate and social interaction.

Since the Nineties, biomedical advancements have revived discussions on symbolic laws. one of many purposes is that biomedical laws touches on deep-rooted, symbolic-cultural representations of the organic facets of human existence. in addition, because it is usually most unlikely to arrive consensus on those arguable questions, legislators have sought other ways to improve felony frameworks. hence, communicative and interactive methods to laws are favourite in the governance of scientific biotechnology.

The symbolic dimensions of biolaw are frequently missed. but, it really is transparent that the symbolic is on the center of many legal-political debates on bioethical questions. because the upward thrust of biomedical applied sciences, human physique fabrics have bought a systematic, clinical or even advertisement worth. those new methods, which noticeably query present criminal symbolizations of the human physique, increase the query even if and the way the legislation may still proceed to mirror symbolic values and meanings. additionally, how will we come to a decision what those symbolic values are, given the truth that we are living in a pluralistic society?

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Lembcke, 344–346. Stuttgart: UTB. , and Bart van Klink. forthcoming. Das mag in der Praxis richting sein, taugt aber nicht für die Theorie. Zum Verhältnis zwischen Faktizität und Geltung bei Jellinek und Kelsen. In Faktizität und Normativität. Georg Jellineks freiheitliche Verfassungslehre, eds. Brugger, Winfried, Rolf Gröschner, and Oliver W. Lembcke. Tübingen: Mohr Siebeck. Matten, Dirk. 2003. Symbolic politics in environmental regulation. Corporate strategic responses. Business Strategy and the Environment 12: 215–226.

Therefore, I will simply present the theory of interactive legislation as developed by Frans Brom and myself – however, with certain important modifications in light of Poort’s internal criticism of the strong orientation towards consensus in our initial presentations. cation here. In fact, both Witteveen and Van Klink have also often carefully avoided such a reification of symbolic functions or symbolic elements. See Van der Burg (2005, 256) for an elaboration of this point and further references.

Now, I see them as indicative of the political nature of the distinction between the two concepts of symbolic legislation (see Sect. 4). 13 For a general introduction to the interactive legislative approach, see Poort (2013, Chaps. 1 and 3) and Van der Burg (2014). See also Van der Burg’s contribution to this volume (Chap. 3). 28 B. 14 Otherwise, the citizens cannot orient themselves to the rules. Moreover, too much power is transferred from the legislature to the administration and the courts.

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