Bioethics in the Courts

Judit Sandor, Marton Varju (eds)

Bioethics in the Courts

Analyzing the Bioethical Jurisprudence of International and National Courts

Courts worldwide are increasingly asked to resolve disputes that turn on bioethical questions: the moral status of embryos, the use of artificial reproductive technologies, or the boundaries of bodily autonomy. Yet the relationship between bioethics and judicial reasoning remains poorly understood. This volume examines how bioethical principles enter court decisions, identifying four distinct modes of interaction between the two fields and the challenges judges face in addressing scientific and moral complexity without specialist training. Drawing on case law from the European Court of Human Rights, the Court of Justice of the European Union, Brazil, South Africa, and Malaysia, the book traces a broader shift from judicial avoidance to more active engagement with bioethics. Bringing together leading legal and bioethical scholars, this timely collection offers the first sustained account of how courts across legal traditions navigate the widening gap between biomedical innovation and existing law, and the moral environment in which both operate. Amid the erosion of the rules-based international order, bioethics can help courts strengthen the humanistic approach in health care and biomedical research.
Forthcoming publication. Pre-orders will open a few weeks before publication date.
Editors

Judit Sandor

Judit Sándor is a bioethicist and lawyer, and a Full Professor at Central European University in Vienna. She is the Director of the Center for Ethics and Law in Biomedicine in Budapest.

Marton Varju

Márton Varju is Senior Researcher at the Center for Ethics and Law in Biomedicine, and Professor at ELTE University, Budapest.
Title
Bioethics in the Courts
Subtitle
Analyzing the Bioethical Jurisprudence of International and National Courts
Editors
Price
€ 141,00 excl. VAT
ISBN
9789048579167
Format
Hardback
Number of pages
322
Language
English
Publication date
Dimensions
15.6 x 23.4 cm
Series
Biopolitics, Law and Ethics
Categories
Africa
Europe
Human Rights
Legal Studies
Philosophy and Ethics
REDCUCED INEQUALITIEs
South East Asia
Discipline
Social and Political Sciences
Imprint
Table of Contents
Show Table of ContentsHide Table of Contents
Acknowledgements
Bioethics in the Courts: Introduction - Judit Sándor and Márton Varju
Courts, Bioethics, and Biotechnologies - Roger Brownsword
Ethical Avoidance and Moral Moments: Bioethics and the Decisions of the European Court of Human Rights - András Sajó and Eszter Polgári
Bioethics in the Case Law of the EU Court of Justice - Markus Frischhut
Bioethics in the South African Courts - Roasia Hazarilall and Donrich Thaldar
Bioethics in the Brazilian Supreme Court: A Faded Fashion or a Garment for Special Occasions? - Juliana Cesario Alvim Gomes and Marina Cortez
Bioethics in Malaysian Civil Courts: Judicial Development of Informed Consent - Pin Lean Lau
Index