NATURAL LAW

Author: HOCEVAR GONZALEZ MAYDA.
Year: 2004.
University: SALAMANCA [www.usal.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: This is a comprehensive study of the works of John Finnis. Finnis is one of the most prominent representatives of contemporary iusnaturalismo. Based on the classic theory of Thomas Aquinas intended to show that a theory yusnaturalista is not only useful but nowadays it is the best to explain the law, defining and grounds. The work is divided into three parts that correspond to the three thematic areas in which they can divide thinking Finnis. First, his moral theory which sets out the ethical and metaéticos of natural law. It Finnis includes three categories of principles: the basic principles of practical reasoning called basic goods, the methodological principles that serve to draw from the first principles of the natural law, moral principles themselves, and finally the moral principles . Secondly, his social and political philosophy in which he discusses the concepts of society or political community, the common good, justice and authority. The theory yusnaturalista, according Finnis, it is intended to be able to set forth policy regarding what morally be done not only on the lives of individuals but for society. Finally, with respect to the theory of law, it is worth mentioning that Finnis seeks to establish a fruitful dialogue with legal positivism. He noted that many of the arguments commonly associated with yusnaturalismo are untrue, for example, believed that the laws are not unjust laws. It promotes a broad concept of law which excludes cases not diverted or corrupt and precise meaning of the internal point of view of Hart. The doctrine of Finnis can be regarded as that of R. Dworkin, R. Alexy or L. Fuller, midway between the yusnaturalismo and legal positivism.

Author: JORQUI AZOFRA MARIA.
Year: 2006.
University: NACIONAL DE EDUCACIÓN A DISTANCIA [www.uned.es].
Place of defense: DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: * In the first chapter we have identified the dialectical context in which it has to operate emerging issues surrounding the practice of genetic testing. After tackling the task of examining the scientific and medical aspects of reality under review, we have seen, on the one hand, the special vulnerability that can be found in the person who has been subjected to genetic testing in relation to access and using information gathered by others. On the other hand, we have seen how the great potential diagnostic covering genetic testing should be combined with the difficulty involves interpreting the information derived from them, and also with the dwindling resources available therapeutic. The gene therapy is one of the great hopes of modern medicine. More techniques are still at an experimental stage. We have identified, in this regard, the reasons for the need to be treated cautiously are requiring a provisional. * In the second chapter we discussed the issue relating to a voluntary to mandatory referral to genetic testing. It is noteworthy contribution as a contrasting analysis of the thesis that fit into one or the other direction. We have made an assessment of the same, both from a perspective as doctrinal rules, in order to consider the path that could lead to the most reasonable solution under different principles ético-jurídicos involved. * In the third chapter we have addressed the issues that may emerge around dela access and use information derived from genetic tests. His uncontrolled spread is a serious danger, among other reasons, because it would also create the possibility of discrimination from family, work, etc.. Danger whose worsening contributes to the ease with which it can be passed through to electronic systems. In this regard, we have noted that you use of information technology in health care has become a prerequisite, either for the treatment of health data to the hospital administration. There are undeniable advantages that behaves this change. But it also poses risks. It causes suspicion for the possibility of the exchange of genetic data of patients through electronic systems, will translate into an assault on their rights and freedoms. We have noted in this regard that the Spanish right, not yet have specific legislation on personal genetic data. So parala configuration of a possible legal status of the same, we believe that must be taken into account, in addition to the channels of expression which has been counting on the international scene and community, their legal protection, the primary criteria that would serve as the basis for the lawfulness of the processing of personal data in general, as well as the basic premise that guided the treatment of health data in particular. * The fourth chapter we have been able to conclude that the protection of genetic data should be used with measures similar to those provided for personal data, while especially refeorzasa up even exceed those required haibtualmetne in relaicón with the general protection delos health data. We noticed, as well, that have great significance for the legal protection of genetic data, the principles that must adhere to their collection, processing, use and maintenance. For those not exceed a programmatic content if the same was not found linked the security of a set of rights recognized people to exercise control over such data. These rights consolidate the basic function of freedom in encrypted computer guarantee people's access to and control of genetic data stored in their clinical histories.