薬事分野における法と実態の乖離 : 規範的観点に立った固有の薬学の独自性と存在理由の究明

抄録

Legal cases in the field of pharmaceutical affairs were analyzed and discussed on legal as well as ethical grounds to understand the identity and the raison-d'etre of the "pharmaceutical sciences provided by the college of pharmacy or the pharmaceutical faculty of the university", which should be called the "pharmaceutical sciences" proper. The results of this study indicated that 1) All of the legal topics arose from the "Separation between the law and the actual conditions", 2) The society and the law demanded "something" on the "pharmaceutical sciences" proper, and 3) This "something" differentiated the "pharmaceutical sciences" proper from the ordinary pharmaceutical sciences provided by the other colleges or faculties of the university. This "something" is not manifested in any tangible form or visible acts, but its essence can be defined as the deep and true recognition of "the dignity of human life". This concept can be called ethical, and it identifies the nature of the "pharmaceutical sciences" proper. The nature of pharmaceutical products can also be said to be ethical because of its close interrelationship with human life and health. Therefore, the nature of "pharmaceutical sciences" proper wholly dealing with pharmaceutical products should be "ethical". The raison-d' etre of the "pharmaceutical sciences" proper should be to create, produce and control pharmaceutical products using its own knowledge and skills based on sincere ethical considerations which can only be provided by the college of pharmacy or the pharmaceutical faculty of the university, and this is not comparable to the functions of other colleges or faculties.