Abstract
The latest efforts by research institutions and the European Union to steer scientists into the direction of scientific responsibility are subject to this article. Ethical codes as a mean to achieve this goal are interesting for legal sciences in two aspects. They both stress the concept of normativity and raise questions of fundamental rights. By disclaiming legal validity they could be classified as extra-legal or non-binding norms at first glance. But the non-binding character of these ethical codes put the concept of normativity in question as they are able to interfere with the legal guarantee of freedom of science. It will be shown that the sensitivity of the mechanisms of science demands a consideration of this fundamental right, even if the effects are rather indirect and caused by non-binding measures. The final resolution of ethical conflicts in science is thus not to be found in voluntary ethical codes or recommendations when these norms factually influence their addressees’ behavior in a manner which is contrary to constitutional guarantees.