Casuistry, Biomedical Ethics and Law

Abstract

This paper focus on casuistry. First, its necessity for biomedical Ethics is stressed. Showing its analogical character its dependency from principles is also made apparent. Then we appreciate that nor principles neither cases are sufficient by themselves in order to enlighten all the relevant aspects of biomedical decisions, which involve a significant component of uncertainty. A decision is not a preexisting object, but something to produce, an agibilium. This fact cannot be addressed unless through the classical notion of practical wisdom, in the sense of the Aristotelian phronesis. Once it is outlined and given an account of its moral and intellectual aspects, a new approach to casuistry is then made possible. It also becomes possible to overcome its most important criticisms and to understand that clinical relation is also a legal relation. This shows the capital role of Law and particularly of iurisprudentia.