Martin Fredriksson Fredriksson, M. For correct citations, please see:
Mieth edsMentis The expressive-communicative function of bio-patent legislation: Brom1 Introduction Is it ethical advisable to make legislation that allows inventors to patent biotechnological inventions? And if we answer this question affirmative, what precisely do we allow to be patented: Elsewhere in this book different aspects of the ethical issues and the legal possibilities for biopatenting are analyzed.
In this paper I will take up one specific question from the biopatenting discussion: Expressive-communicative function of law Legislation is neither just the codification of established social norms nor just the modification of unwanted behavior.
It is also more then a practical arrangement of interpersonal rights and duties and the interpersonal distribution of costs and benefits. In legislation, a society expresses its values and identity and promulgates these as authoritative guidelines for public deliberation.
In legislation a framework is created for public deliberation, legislation transforms the deliberations of those subject to it: This is what has been called the expressive-communicative function of legislation Van der Burg According to this expressive-communicative function of law2 society communicates — by adopting certain legislation — values as important expressive function.
This expressive function, however, is not limited to legislation; policy-papers, official speeches and so on also express important societal values.
The expressive function of legislation, however, is more profound. Values are not only formulated but are also endorsed as guidelines for acts. They are transformed into an authoritative framework, which functions as a conceptual framework for legal discussions on the acceptability of certain acts.
By creating such a framework, legislation can constitute an audience. It fosters the homogeneity of the persons it is addressed to: Through legislation, it communicates those values to its members, expecting that they will take these values as guidelines.
These discussions are primarily legal discussions and they are held within the judicial forum. According to the expressive-communicative function of legislation, the concepts of this legal framework can — under certain circumstances — transcend the legal sphere.
They can extend into the sphere of morality. In that case, the legal framework pre-structures the moral discussion. The creation of such a framework is not meaningless. Moral discussions on public policy can hardly become effective when this framework does not support them.
Here lies the danger of the expressive-communicative function of legislation in ethical sensitive fields. Once legislation is created, it seems impossible to criticize the framework. Deviant voices are silenced and some members of society seem to be excluded from important public debates. This seems unacceptable in ethical sensitive fields.
In these fields the moral norms are controversial, vague or still evolving. Promulgation of authoritative guidelines seems not yet possible, if it is done it silences certain public voices. This is especially true for those sensitive fields where rapid scientific and technological developments have caused the moral uncertainties, such as is the case with modern biotechnology.
In those fields it is often unclear which values should be expressed and communicated. Legislation should not — especially in these cases — close moral discussions, it should rather create and structure an arena for public deliberation.
Elsewhere, I defended — together with Wibren van der Burg — that legislation on ethical issues needs an interactive paradigm. Values promulgated by biopatent legislation Does biopatenting legislation have an expressive-communicative function?
The problem is that biopatent legislation expresses its values very implicitly. It is a highly technical part of legislation which has primarily insiders as its public.
This legislation is primarily directed at legal discussions among specialized professionals within the judicial forum. Is it possible to defend that it transcends the legal sphere in a way mentioned in the previous section?
The problem is that it does only partly so.Biodiversity is the fundamental resource for bioprospecting. The three phases of bioprospecting include collection, analysis, and commercialization.
Bioprospecting can also include the collection of traditional knowledge relating to the use of genetic resources from local communities. Sharing the. Bioprospecting is a relatively new name for a well-established practice.
The Convention literally banks on the life sciences industries and the increasingly broad scope of patents on forms of life as key engines for “granting value” to biodiversity.
and expertise in conducting ethnobotanical research in urban plant markets to craft. Essay on Owning Life: Biopatenting and Bioprospecting - Owning Life: Biopatenting and Bioprospecting In the movie “Repo: The Genetic Opera”, organ replacement has become so easy and commonplace that you can pay for such a procedure on a line of credit from GeneCo., the company that controls the organ replacement market.
BIOPROSPECTING: PROS AND CONS initiativeblog.com Professor-cum-Head Bioprospecting or biodiversity prospecting is the exploration, extraction and screening of 4. Discovery of several life-saving drugs including anti-neoplastic drugs (e.g. vinblastine, taxol. Why Can't A Duck Sign A Contract?
- The Failure Of Intellectual Property To Protect The Environment "Human relations and the realtions to ther beings in our age.". Bioprospecting is about looking for these special plants and animals. Plants, fungi, animals, bacteria and plenty of other organisms may contain chemical compounds that could be of benefit for us.