THE GAP BETWEEN BIOETHICS PRINCIPLISM AND JUDICIAL RESPONSIBILITY: HOW SOCIAL SCIENCES CAN HELP ROMANIAN LAW

Applying bioethics traditional principles in modern medicine is a difficult process. Alternative approaches compete with the so-called principlism. The law is required to offer solutions that best fit contemporary realities and moral problems, always taking into account the individual and the survival of the medical system. This paper shows how the four principles of Beauchamp Childress (2009) translate into Romanian law. It argues that social sciences shouldn’t be considered from an adversarial position with bioethics. Authors consider that the empirical based psychological and sociological findings are able to fill in the gap between bioethics and an adapted and regulated medical practice. This is true worldwide and especially in Romania, where transition makes the defensive medicine a danger for quality evidence-based care.