Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

The Reasons for Banning Human Cloning from the Point of View of Jurisprudence and Criminal Law

Document Type : Original Article

Authors
1 PhD Student, Department of Criminal Law and Criminology, Damghan Branch, Islamic Azad University, Damghan, Iran.
2 Assistant Professor, Department of Law, Damghan Branch, Islamic Azad University, Damghan, Iran. (Corresponding Author)
3 Assistant Professor, Department of Law, Damghan Branch, Islamic Azad University, Damghan, Iran.
10.22034/jccj.2023.401942.1294
Abstract
The most important and perhaps the main concern of human rights has been formed with the emergence of new capabilities in the scientific and technological fields of biology. This has caused opposition to human simulation in jurisprudence and law. The purpose of this article is to examine the reasons for banning human cloning from the point of view of jurisprudence and criminal law. The current article is a descriptive analysis and has investigated the mentioned topic using the library method. The findings indicate that interference in God's creation, disintegration of the family system, ambiguity in kinship relations and disruption of the kinship status of cloned people are the most important jurisprudential reasons for banning human cloning. The guarantee of individual rights and freedoms of citizens based on bioethics is shown in the framework of principles that are called “bioethics principles”. These are the principles and goals that criminal law pursues in bioethics. The principle of harm, or in other words, the principle of harm, is one of the prominent principles of bioethics, which has received the most attention and discussion in the field of criminal law, and is one of the fundamental foundations of criminal law intervention. The other face of this principle appears in the field of criminal law in the form of “obligation to do no harm” and emphasizes the absence of harm.
Keywords

Volume 3, Issue 5
Winter 2024
Pages 445-458

  • Receive Date 29 September 2023
  • Revise Date 04 December 2023
  • Accept Date 11 January 2024
  • Publish Date 20 February 2024