Article ID Journal Published Year Pages File Type
10226985 Ethics, Medicine and Public Health 2018 17 Pages PDF
Abstract
In human procreation, the religious preceded the law. “Be fruitful and prolific” urge the book of Genesis to Adam and Eve. Human fertility is, indeed, a very old preoccupation in monotheistic religions as evidenced by certain passages of the Bible, the Torah or the Koran. So, the jurist's gaze can turn, legitimately, towards the religious norm. It is therefore timely to measure the impact of religious thought on the legal norm currently governing medically assisted procreation in France. It appears that although the principle of secularism must lead to an eclipse of religion in the life of society, the fact remains that certain legal rules seem to undeniably echo religious prescriptions. What is the degree of autonomy of the rule of law in the face of religious dogma?
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