발행년 : | 2013 |
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구분 : | 국내학술지 |
학술지명 : | 의생명과 법 |
관련링크 : | http://www.riss.kr/link?id=A100317346 |
이을상(Lee Eul Sang)
의생명과 법
Vol.9 No.- [2013]
원광대학교 법학연구소
학술저널
91-119(29쪽)
-
2013년
This thesis is a study on an embryo has the condition of being human or not. Someone has to be regarded as human being, he/she has a right of living, which is derived from the being a person in the moral sense. We have naturally thought an embryo is human, but today it becomes problematic whether an embryo is a human being or not. This argument has been raised by a rapid developing of biotechnology such as prenatal genetic screening, embryonic reproduction etc. In the biotechnology an embryo is surely not regarded as a human being, but only a living material. It can cause a deep moral injure to think an embryo is not a human being. For human being is a person in the moral sense, and a person has been only thought that can make us live freely. At last we have human dignity, when we live as a person. But the thought that an embryo is not a human being has brought about the possibility of 'a human being without person', which is conceived by P. Singer in his Practical Ethics(1991). Further more Singer criticizes a Kant's view of human dignity as a 'speciesm' in the basis of a concept of a human being without person. In this paper I have examined a historical origin of Singer's concepts, a human being without person firstly and a speciesm especially in comparison with Kant's view of human dignity nextly. I have also examined that Kant's concept of autonomy has to be substituted by 'self-disposability' in Singer's bioethical viewpoint, but Singer's viewpoint is also criticised by Sandel's 'ethics of genetic enhancement' lastly.
Ⅰ. 머리말
Ⅱ. '인격 없는 인간'의 출현
Ⅲ. 인격과 인간존엄의 법식
Ⅳ. 인간존엄 대 종차별주의
Ⅴ. 생명의 신성불가침 대 처분 가능성
Ⅵ. 맺는말
참고문헌