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ON JURISPRUDENCE ISSUES

Vol. 122 (2020)

Analysis of the latest changes in German transplant law — political aspects of conscience decisions

DOI
https://doi.org/10.19195/0137-1134.122.4
Submitted
October 12, 2020
Published
2020-10-12

Abstract

Law is entangled in politics and its shape largely depends not only on the existing needs of regulation, but also on what vision of values is represented by the legislature in power. The following article presents the current situation in German health policy, where by changing the set of norms of transplant law it is proposed to change the whole system of perception of the human body. In this case, the project introducing the new law is not a project of the ruling coalition, but we are dealing mainly with two competing cross-party projects. When the law project proposes a change in the axiology which needs a conscientiously-dependent decision the political aspect of the law takes a dif-ferent form from the average, or disappears altogether. The following article will present the political aspects of the new transplant law project in Germany. The article focuses primarily on the dynamic aspect of the politicization of law — that is, on the legislative process and the participation of experts in it, as well as on the epistemological aspect — that is, what kind and scope of research materials were used in the process of politicization of law.