Legal and bioethical pluralisms: how collective subjects of rights teach us about the limits of principlism and the emergence of the multiple

como sujetos colectivos de derechos nos enseñan sobre los límites del principialismo y la emergencia de la múltiple

Abstract

One of the most important paths for bioethical reflection is its practical challenge, the concreteness of moral dilemmas and the applicability of rights. National states and the constitutional charters that formulate them are a record of historical disputes, the result of which is the hegemonic narrative, the discourse of those who have forged the authority to record history, to give names to events, values and principles. In the play of forces that shape laws, there is also the challenge of making them respond to the realities of everyday life. When we address collective subjects of rights - such as traditional peoples and communities - new dilemmas arise: there is the community layer, the customary layer and even the layer that goes beyond the human: such as territorial rights. We are arguing here for the right to rename bioethics and human rights from those that laws do not reach - would these be closer to the ideal of justice?