How should judges and legislators address challenges arising at the frontiers of biomedicine? What if it became possible to edit the DNA of embryos for enhanced traits, gestate a fetus in an artificial womb, self-modify brain implants to provide new skills or bring a frozen human back to life? This book presents an innovative legal theory and applies it to future developments in biomedicine. This legal theory reconceptualises the role of legal officials in terms of moral principle and contextual constraints: ‘contextual legal idealism’. It is applied by asking how a political leader or appeal court judge could address technological developments for which the current law of England and Wales would be ill-equipped to respond. The book’s central thesis is that the regulation of human conduct requires moral reasoning directed to the context in which it operates. The link between abstract theory and practical application is articulated using future developments within four areas of biomedicine. Developments in heritable genome editing and cybernetic biohacking are addressed using Explanatory Notes to hypothetical UK Parliamentary Bills. Developments in ectogestation and cryonic reanimation are addressed using hypothetical appeal court judgments. The book will be of great interest to scholars and students of medical/health law, criminal law, bioethics, biolaw, legal theory and moral philosophy.
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Part 1: Moral and Legal Theory1. Moral and Legal Values2. Contextual Legal IdealismPart 2: Case Studies3. Heritable Genome Editing4. Ectogestation5. Cybernetic Biohacking6. Cryonic ReanimationPart Three: Conclusion7. Legal Theory at the Frontiers of Biomedicine
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I would advise all biomedical lawyers to put this book at the top of their reading list.
This book examines the legal and ethical challenges presented by biomedical developments that will create, enhance, or extend human life.
Explores the limits of the law when faced with anticipated developments in the creation, enhancement or extension of human life

Produktdetaljer

ISBN
9781509966745
Publisert
2024-08-22
Utgiver
Vendor
Hart Publishing
Høyde
234 mm
Bredde
156 mm
Aldersnivå
U, 05
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
248

Forfatter

Om bidragsyterne

Shaun D Pattinson is Professor of Medical Law and Ethics at Durham University, UK.