21세기의 사법-의학-윤리 담론의 형성

저작시기 2003.06 |등록일 2013.04.04 파일확장자어도비 PDF (pdf) | 14페이지 | 가격 6,000원
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* 본 문서는 배포용으로 복사 및 편집이 불가합니다.

서지정보

발행기관 : 한국의료법학회 수록지정보 : 한국의료법학회지 / 11권 / 1호
저자명 : 김정오

목차

Abstract
Ⅰ. 서론
Ⅱ. 21세기 의료가 직면한 상황
Ⅲ. 사법적 담론과 도덕적 담론
Ⅳ. 사법적 담론과 도덕적 담론의 관계
Ⅴ. 현대의료법의 발전과정
Ⅵ. 법학이 직면한 문제들
Ⅶ. 결론
참고문헌

한국어 초록

From the late of 20th century, medicine has faced with very critical situation. While judges are obliged to solve the cases coming from medical area without a deep knowledge on that, medical doctors feel that an heterogeneous other began to come into their autonomous area. In between lawyers and medical doctors do another people, who have different training from both of lawyers and doctors, begin to come into the medical area. They are ethicists.
In this article, the writer is delving how three discourses have been interacted in the area of medicine. Two concepts on law has been conflicted during the 20th century. One is the concept of law as a product. The other one is law as a process. Likewise, we can find out similar concepts of morality, morality as a product and that as a practice. This article deals with how two sets of the concepts has been intermingled during the last century. Especially, this article focuses upon the developing process of modem medical law from the first period, what is called moralistic-paternalistic model to the second period, called by liberalistic model. And then, this article shed light upon the problems that each of the models has. In a separate section, this writer deals with the dilemmatic points that the liberalistic model of medical law has brought about.
In conclusion, I named the situation, in which the medical practice is facing with at present, as the formation of a new juridico-medico-ethico discourse. That means that our situation is faced with medical practice and bio-engineering goes beyond the modem situation that Foucault named as juricico-scientifico discourse. The question is in what way we, human beings, will be caged in that discourse.

영어 초록

From the late of 20th century, medicine has faced with very critical situation. While judges are obliged to solve the cases coming from medical area without a deep knowledge on that, medical doctors feel that an heterogeneous other began to come into their autonomous area. In between lawyers and medical doctors do another people, who have different training from both of lawyers and doctors, begin to come into the medical area. They are ethicists.
In this article, the writer is delving how three discourses have been interacted in the area of medicine. Two concepts on law has been conflicted during the 20th century. One is the concept of law as a product. The other one is law as a process. Likewise, we can find out similar concepts of morality, morality as a product and that as a practice. This article deals with how two sets of the concepts has been intermingled during the last century. Especially, this article focuses upon the developing process of modem medical law from the first period, what is called moralistic-paternalistic model to the second period, called by liberalistic model. And then, this article shed light upon the problems that each of the models has. In a separate section, this writer deals with the dilemmatic points that the liberalistic model of medical law has brought about.
In conclusion, I named the situation, in which the medical practice is facing with at present, as the formation of a new juridico-medico-ethico discourse. That means that our situation is faced with medical practice and bio-engineering goes beyond the modem situation that Foucault named as juricico-scientifico discourse. The question is in what way we, human beings, will be caged in that discourse.

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