Conversations about Hard and Soft Lex Bioetica in the Context of Grand Challenges of the External Environment

Abstract

The paper is the result of a multidimensional comparative study of the ratio of hard to soft Lex Bioetica application on the modern legal map of the world. In terms of methodology, the study was based on both general and special methods of cognition. The formulation of the doctrinal approaches to the issue of Lex Bioеtica would be impossible without a comparative analysis carried out within the framework of interdisciplinary (comparison of the legal doctrine with the related spheres of knowledge, such as philosophy and sociology), cross-branch (comparative analysis of the approaches used in comparative law, philosophy and theory of law as well as in branch legal disciplines), cross-border (comparison of different national legal systems with each other and with international law provisions), as well as chronological (historical comparative analysis) approaches. Application of the sociological method and the legal modeling method allowed identifying the social foundations of Lex Bioеtica evolution existing in the global legal practice, and outlining the potential ways for the reform of the Russian system in this regard. The study also relied on synergistic research. The synergistic method allowed modelling the evolutionary picture of Lex Bioetica on the legal map of the world. The general conclusion with regard to the evolution of Lex Bioetica in Russia is presented in the form of a scientifically substantiated thesis stating that, in addition to developing Lex Bioetica at the integration level of cooperation (primarily in the Eurasian space), the Russian Federation needs to bring the bioethics-related discourse to the level of hard Lex Bioetica.