Università degli Studi di Perugia

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Unit PRIVATE LAW OF BIOTECHNOLOGY

Course
Law
Study-unit Code
A000063
Location
PERUGIA
Curriculum
In all curricula
Teacher
Cristina Costantini
Teachers
  • Cristina Costantini - Didattica Ufficiale
Hours
  • 42 ore - Didattica Ufficiale - Cristina Costantini
CFU
6
Course Regulation
Coorte 2017
Offered
2018/19
Learning activities
Affini o integrative d.m.270/04
Area
Attività formative in ambiti disciplinari affini o integrativi a quelli di base e caratterizzanti, anche con riguardo alle culture di contesto e alla formazione interdisciplinare
Sector
IUS/01
Type of study-unit
Opzionale (Optional)
Type of learning activities
Attività formativa monodisciplinare
Language of instruction
Italian
Contents
The course will be devoted to critically investigate the process of “juridification”, namely the expansion of the law toward new areas pertaining to life, health, birth and end of life. The study will be oriented to discuss comparatively the choices adopted by different national Legislators and Courts.
Reference texts
1) S. Rodotà, La vita e le regole. Tra diritto e non diritto, Milano, Feltrinelli, ult. ed.
2) Moreover, a second book, chosen by the student between the following ones:
- C. Viafora, A. Gaiani, A lezione di bioetica. Temi e strumenti, Franco Angeli, 2012 (all the chapters, apart from chapter 4 and 5)
- P. Zatti, Maschere del diritto volti della vita, Giuffrè, 2009.
Educational objectives
The main knowledge that students will acquire will be:
- individuation of the main issues posed by the development of medical technologies in respect to the protection of human rights and fundamental values;
- knowledge of the legal disciplines regulating the main bioethical and biomedical questions;
- knowledge of the most important cases settled by the Courts.
The main skills that allow to apply the acquired knowledge will be:
- the critical use of juridical tools in order to deal with central issues related to individual choices on life and health;
- the acquisition of a comparatistic methodology with the aim to facilitate and improve legal reasoning.
Prerequisites
In order to be able to understand and to know how to tackle the course, students must have the basic notions of private law and public or constitutional law.
This precondition is valid for attending and not attending students.
Teaching methods
Frontal lectures. During the course the attendants will receive slides and didactic materials in order to make much more clear and understandable the arguments discussed.
Learning verification modality
The exam includes only the final oral test consisting of a discussion-interview on the topics discussed during the curse and examined in-depth through recommended texts.
The test aims at assuring the level of knowledge and understanding, as well as synthesis, achieved by the student. Moreover, this interview will verify that the student is able to communicate, with method, propriety of language, and of exposure, what he has acquired.
Teh duration of test varies depending on the performance of the test itself.
Extended program
The course will be devoted to explore the following issues:1) The interrelations among bioethics – biopolitics and biolaw
2) The body: the process of juridification. The act of disposition of physical body. Rights and normative paradigms. The body as information. Personality and property rights on human body. The use of Human biobanks. Biomedical data treatment.
3) Informed consent. The principles of autonomy and self-determination. The genealogy of the informed consent theory. The relevant rules. A comparative overview.
4) Birth regulation. Legal protection of prenatal life. The relationship between the mother and the foetus: legal aspects and juridical issues. The interruption of pregnancy in European countries. The right not to be born. The affaire Perruche
5) Assisted medical procreation: tecniques, definitions, regulations. A comparative overview. The best interest of the child
6) Human genetics and the law. Human genome: protections and normative paradigms. Genetics tests. The protection of embryo. Human clonation.
6) The “end of life” medical treatment. The dignity of person. The definition and the verification of death. Euthanasia: definitions and typologies. Anticipatory directives. Biological will. A comparative sketch of legal solutions.
7) The clinical experimentations
8) Human enhancement and transhumanism. Definitions and typologies. Legal and ethical issues. Enhancement and disability. Enhancement for military operators.
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