Legislation on Ethical Issues: Towards an Interactive Paradigm

Ethical Theory and Moral Practice 3 (1):57 - 75 (2000)
In this article, we sketch a new approach to law and ethics. The traditional paradigm, exemplified in the debate on liberal moralism, becomes increasingly inadequate. Its basic assumptions are that there are clear moral norms of positive or critical morality, and that making statutory norms is an effective method to have citizens conform to those norms. However, for many ethical issues that are on the legislative agenda, e.g. with respect to bioethics and anti-discrimination law, the moral norms are controversial, vague or still evolving. Moreover, law proves not to be a very effective instrument. Therefore, we need a new paradigm, both for descriptive and for normative analysis. This interactive paradigm, as a normative position, can be summarised in two theses. The process of legislation on ethical issues should be structured as a process of interaction between the legislature and society or relevant sectors of society, so that the development of new moral norms and the development of new legal norms may reinforce each other. And legislation on ethical issues should be designed in such a way that it is an effective form of communication which, moreover, facilitates an ongoing moral debate and an ongoing reflection on such issues, because this is the best method to ensure that the practice remains oriented to the ideals and values the law tries to realise.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1023/A:1009987819400
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history
Request removal from index
Download options
Our Archive

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 28,798
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Add more citations

Similar books and articles
Medical Ethics in Sweden.B. Ingemar B. Lindahl - 1988 - Theoretical Medicine 9 (3):309-335.
The Moral World of the Qurʼan.Muḥammad ʻAbd Allāh Darāz - 1951 - Distributed in the Usa by Palgrave Macmillan.
Normativity, Guardianship, and the Elderly.Lorraine Y. Landry - 1999 - Theoretical Medicine and Bioethics 20 (1):69-84.
Clinical Ethics and Values: How Do Norms Evolve From Practice?Marta Spranzi - 2013 - Medicine, Health Care and Philosophy 16 (1):93-103.

Monthly downloads

Added to index


Total downloads

4 ( #648,621 of 2,177,981 )

Recent downloads (6 months)

1 ( #317,027 of 2,177,981 )

How can I increase my downloads?

My notes
Sign in to use this feature

There  are no threads in this forum
Nothing in this forum yet.

Other forums