Biolaw and psychopharmacotherapy

Abstract

In the article one of the key issues of contemporary bioethical law is presented, concerning the so called cosmetic psycho-pharmacology – the widespread overuse of psychiatric medication (mainly antidepressant drugs) not only for medical reasons, but also to enhance the human nature. Prevailing and lasting feeling of sadness which inhibits, or, in luminal cases, paralyses any activity, is perceived as an undesirable part of our lives. The admission to use antidepressant drugs (in the USA in 1987) has marked the start of a new era in human history. On the one hand, it is an era of prevailing depression – 10% of all Americans (including children) uses those drugs on daily basis. On the other hand, it is an era of post-human, as described by F. Fukuyama, since the feeling of sadness is to be conquered not by engaging human mind and will, but by the use of psycho-pharmacological substances. Thus, precise legal regulations are needed, protecting human dignity against technological manipulation. Only a serious scientific discussion can prepare us for this issue, however, such a debate has so far eluded Polish bio-jurisprudence. Reflecting on the subject is made impossible by the belief that philosophical anthropology is not necessary in legal discourse, which is widespread among some bio-lawyers.