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Symbolic Legislation Theory and Developments in Biolaw

Symbolic Legislation Theory and Developments in Biolaw

Hardcover

Series: Legisprudence Library, Book 4

PhilosophyBiologyGeneral Law

ISBN10: 3319333631
ISBN13: 9783319333632
Publisher: Springer Nature
Published: Sep 9 2016
Pages: 301
Weight: 1.64
Height: 0.88 Width: 6.27 Depth: 9.56
Language: English

This edited volume covers new ground by bringing together perspectives from symbolic legislation theory on the one hand, and from biolaw and bioethics on the other hand.

Symbolic legislation has a bad name. It usually refers to instances of legislation which are ineffective and that serve other political and social goals than the goals officially stated. Recently, a more positive notion of symbolic legislation has emerged in legislative theory. From this perspective, symbolic legislation is regarded as a positive alternative to the more traditional, top-down legislative approach. The legislature no longer merely issues commands backed up with severe sanctions, as in instrumental legislation. Instead, lawmakers provide open and aspirational norms that are meant to change behavior not by means of threat, but indirectly, through debate and social interaction.

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