Biojurisprudence – a New Understanding of Law or Rather Only a New Research Discipline? Cover Image

Biojurisprudence – nový pohled na právo nebo jen nový směr právní vědy? (recenzní článek)
Biojurisprudence – a New Understanding of Law or Rather Only a New Research Discipline?

Author(s): Jan Filip
Subject(s): Philosophy of Law
Published by: Masarykova univerzita nakladatelství
Keywords: Biojurisprudence;New Research Discipline;Polish legal philosophers;Tokarczyk;methodology;

Summary/Abstract: The reviewing article deals with the first serious attempt to break a new field of law and to give rise for a new branch of legal science called biojurisprudence founded by one of the most interesting and prolific Polish legal philosophers and comparativists R. Tokarczyk. He is attempting to build up on the ground of new legal complex branch of law called biolaw as a new legal discipline. More precisely he is aiming even at new understanding of law. The author however is hesitating if the subject of new discipline is coincides with whole material of law as we understood it nowadays. An interference of new scientific branches as bioethics, biomedicine, biotechnology etc. in the natural processes of life shall be undoubtedly regulated by law, but biojurisprudence in author’s opinion is not able to solve all problems of legislation, interpretation and application of law as prof. Tokarczyk seems to promise. In any case it is very important experiment how to deal with ontology, epistemology, axiology and methodology of law and the endeavor of prof. Tokarzcyk ought to be appreciated. Hitherto we are encountering only a first outline of such a new discipline with its starting points, pillars, methods etc. Nonetheless the reviewed book provides many interesting points not only for lawyers, but for physicians, philosophers, moralist, biologist and students of political science.

  • Issue Year: 17/2009
  • Issue No: 2
  • Page Range: 71-76
  • Page Count: 6
  • Language: Czech