Some final but not conclusive reflections on science, bioethics, justice and politics

Abstract

he theme of the relationship between science and law can be seen in a multitude of possible profiles, as shown in the rich plurality of relationships.
I will try to put on the table, in what cannot be "conclusions" due to the breadth and nature of the theme, some "knots" in particular in the perspective of the issues of bioethics and the related rules "between legislator and judges" (please refer to my The rules of bioethics between legislator and judges, also for bibliographic insights).
This is an observatory that presents a double risk of pathology both on the side of an inadequate or absent legislator and on the level of jurisprudential law, which sometimes tends to lead to the excesses of a "legislator judge" or, even worse given the scientific character of the issues, of a "scientific judge". In this last respect, some decisions by judges of the merits could be referred to, for example, in the Stamina case or the vaccines and the hypothetical possibility of compensation actions. But there are also cases of virtuosity in the relations between the different sciences underlying the cognitive processes before the jurisprudence, as also recalled in the reports.