[Legal framework and legal-philosophical limitations in research].
The framework of legal regulations for biomedical research is characterised by the conflicts which a look into the constitution typically reveals for all complex questions. Weighty constitutional aspects support scientific advances, but numerous aspects also call for prohibition or limitation. After wise deliberations the concrete legislative answer must reach a suitable compromise between the two poles ('practical concordance'). In a concordant, sustainable social order, the ethical conditions for the continuation of biomedical development may not differ too much from the legal guidelines. Otherwise, acceptance of the regulations must be questioned. If 'animal protection' should be entered into the constitution as a state aim, restrictions of experimental research on animals could be the consequence. However, the simple legislator would still have to fixate the (new) aspects to be considered in a binding form. In the end, this does not necessarily need to lead to more regulations than are already set out in the animal protection law.
Schmidt-Jortzig
Edzard
E
Lehrstuhl für öffentliches Recht, Christian-Albrechts-Universität, D-Kiel. edzard.schmidt-jortig@bundestag.de
D000826:Animal Testing Alternatives / Q000331:legislation & jurisprudence / Q000592:standards; D000827:Animal Welfare / Q000331:legislation & jurisprudence; D000818:Animals; D005858:Germany; D010684:Philosophy; D012106:Research / Q000331:legislation & jurisprudence / Q000592:standards*