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Legislative means of protection against biological damage | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 30, Volume 16, Issue: 1 part 2 / 2, June 2025, Pages 589-606 PDF (852.86 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.159728.1326 | ||
| Authors | ||
| Nidham Gabbar Talib* 1; Razzaq Hamza Jihad2 | ||
| 1College of Law/University of Al-Qadisiyah | ||
| 2University of Al-Qadisiyah - College of Law | ||
| Abstract | ||
| Legal philosophy can produce a legislative framework capable of anticipating biological risks, rather than merely reacting after the disaster has occurred. Here, the need for “protective legislation” meets, one that does not merely address the effects, but rather redefines the relationship between law and science, so that legislation becomes an effective partner in shaping the path of innovation, Not just a post-facto censor. This legislative model should not be a set of rigid rules, but rather a dynamic system that reflects a profound understanding of the "biological fragility" that threatens natural balances. It should be based on an ethical vision that values life as a value independent of economic benefit or technological progress. Legal philosophy has always been premised on the idea of "control over nature" As a basis for environmental legislation, biological harms impose a paradigm shift toward a philosophy of "humility in the face of biological complexity." Human interventions in biological systems, such as the design of genetically modified organisms capable of self-replication, create scenarios that cannot be fully contained, which calls for adopting the principle of "advanced precaution" as a basis for legislationThis principle is not limited to avoiding known risks; rather, it requires legislators to construct hypothetical scenarios for potential risks, based on a scientific understanding of the behavior of living systems and their nonlinear interactions. However, designing such protective legislation faces significant challenges. | ||
| Keywords | ||
| biological damage; legislative jurisdiction; environment; biological pollution; protective rules | ||
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