Philosophical and Legal Foundations of the Methodology of Scientific Knowledge of the Genome

Authors

Keywords:

human genome, genomic information, interdisciplinary research, research methodology, bioethics, genetic research

Abstract

One of the priority tasks of modern science is the knowledge of the genome in general and the human genome in particular. The human genome as an object of scientific knowledge is also of interest for jurisprudence. The main tasks of legal science in this area are a proactive response to the challenges arising from the development of technologies in the sphere of genetics, constant interaction with other humanitarian, natural and technical sciences and the development of interdisciplinarity of scientific knowledge about the human genome. Purpose of the study is to formulate the philosophical and legal foundations of interdisciplinary scientific knowledge of the genome. Tasks are development of a system of methods for interdisciplinary genome cognition; formation of a conceptual list of categories ‘genomic information’; search for the criterion of truth in interdisciplinary knowledge of the human genome; formulation of the main prospects for the development of the ‘bio-law’ branch, its civil and criminal law aspects. When preparing the work, the empirical methods, the formal legal method, the method of constructing conceptual lists were used. Coherence is used as a truth criterion. The system of methods applicable to interdisciplinary knowledge of the human genome was determined, a conceptual list of the category of ‘genomic information’ was formed, a coherent criterion of true scientific knowledge was determined as a result of the study. A ‘bio-law’ branch is being formed as a result of interdisciplinary knowledge. It is assumed that the branch will be functional in nature; it will combine diverse knowledge (constitutional, civil, criminal, administrative), but the functional unity of the elements of legal impact will be the basis for such unification.

Author Biographies

Lyudmila N. Berg, Ural State Law University

Doctor of Juridical Sciences, Professor, Leading Researcher of the Research Laboratory of Legal Support for the Safe Use of Genetic and Genomic Information, Ural State Law University, Yekaterinburg, Russia

Irina Yu. Krylatova, Ural State Law University

Candidate of Juridical Sciences, Associate Professor, Leading Researcher of the Research Laboratory of Legal Support for the Safe Use of Genetic and Genomic Information, Ural State Law University, Yekaterinburg, Russia

Alexey V. Lisachenko, Ural State Law University

Candidate of Juridical Sciences, Associate Professor, Leading Researcher of the Research Laboratory of Legal Support for the Safe Use of Genetic and Genomic Information, Ural State Law University, Yekaterinburg, Russia

Oleg A. Puchkov

Doctor of Juridical Sciences, Professor, Leading Researcher of the Research Laboratory of Legal Support for the Safe Use of Genetic and Genomic Information, Ural State Law University, Yekaterinburg, Russia

Yulia V. Radosteva, Ural State Law University

Candidate of Juridical Sciences, Associate Professor, Leading Researcher of the Research Laboratory of Legal Support for the Safe Use of Genetic and Genomic Information, Ural State Law University, Yekaterinburg, Russia

Fyodor V. Fetyukov, Ural State Law University

Candidate of Juridical Sciences, Associate Professor, Leading Researcher of the Research Laboratory of Legal Support for the Safe Use of Genetic and Genomic Information, Ural State Law University, Yekaterinburg, Russia

Published

2021-09-01

How to Cite

Берг, Л. Н., Крылатова, И. Ю., Лисаченко, А. В., Пучков, О. А., Радостева, Ю. В., & Фетюков, Ф. В. (2021). Philosophical and Legal Foundations of the Methodology of Scientific Knowledge of the Genome. EUROPEAN AND ASIAN LAW REVIEW, 4(1), 5–15. Retrieved from https://ealawreview.ru/index.php/ea/article/view/29