Superimposed abstraction of risk and ethics:reflections on the dignity crisis in the criminal governance of gene editing
The ethical criminalization basis of gene editing behavior is mainly embodied in the challenge to human dignity,and the fuzzy connotation of dignity and the prevention concept from the perspective of risk society make legal interests face"superposition abstraction".The value of dignity should be defined dynamically by the pattern of reciprocity,which is manifested as the unknown moral decline crisis and the predictable crisis of subjectivity and discrimination.Moral decline crisis is not a danger in criminal law,but an inherent risk in modern society.In view of the inherent defects in the argument of risk criminal law and the superior result of interest measurement,the subjective and discriminatory crisis should be the permissible danger in the meaning of criminal law.It is unreasonable to take the crisis of dignity as the ethical basis for criminalizing gene editing behavior.To break through ethical barriers is not to deny the necessity of establishing new crimes,but to take a relatively lenient attitude in the case of controllable security risks,so as to avoid excessive ethical disputes blocking the development of technology.
NETL
NSTL
万方数据
