Portale di Ateneo - En.Unibs.it

The course is aimed to study and examine some of the most delicate bioethical matters from a Private Law and Health Worker Professional Liability perspective, critically reformulating dilemmas posed by bioethics as legal problems. The programme therefore actually aims to read the facts of material life - which is dealt with by bioethical knowledge - through the lens of the general principles, concepts and positive rules characterising Private Law analysis. In this context, the privileged investigation themes are represented by subjectivity and the innate weakness of the status of the person in border countries; from juridical acts in relation to forms of disposition of the body and the attributes of personality; to the role and responsibility of doctors in the context of the therapeutic alliance created with their own patients.
These themes are handled by favouring sources from case law and directly reading the rulings which have faced the same problems in different systems. Comparative analysis makes it possible to identify various potential solutions, including with regard to the bioethical model of reference adopted in a particular case or which best interprets the social sentiment and legal principles of a given community. Specifically, the Anglo-Saxon "bioethical model" (USA, UK) will be compared to the one attributable to the Mediterranean Countries (Italy, France, Spain).
The course will be delivered by means of lectures, including with the support of IT tools (Power Point), without excluding the possibility of a final simulation (involving the whole class) of court proceedings on one of the matters previously dealt with.