Biopolitics, ethics and the culture of lawfulness. Implications for the next generation?

Abstract

Europe is ageing faster than any other continent. The demographic crisis and the possibility of replacement of generations are currently among the problems most frequently discussed. The form of specific legal regulations depends on the axiological foundations accepted in a given system of law. This chapter describes the process of the formation of pastoral biopower (Foucault's concept of biopolitics) within the framework of the European culture of lawfulness. From the late nineteenth century, states became more and more interested in controlling the population. Foucault's analyses need to be supplemented by an indication of how contemporary bioethics determines a way of understanding the essence of the human being and his or her rights, and/or duties, in the sphere of procreation. The chapter shows how the schools of pronatalism, antinatalism and environmental ethics have shaped the policies of European countries with regard to procreation, as well as people's behaviours in that area. It also describes how demographic policy has evolved under the influence of progress in biotechnology.