Personhood in the Age of Biolegality

Personhood in the Age of Biolegality PDF

Author: Marc de Leeuw

Publisher: Springer Nature

Published: 2019-11-18

Total Pages: 267

ISBN-13: 3030278484

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This volume showcases emerging interdisciplinary scholarship that captures the complex ways in which biological knowledge is testing the nature and structure of legal personhood. Key questions include: What do the new biosciences do to our social, cultural, and legal conceptions of personhood? How does our legal apparatus incorporate new legitimations from the emerging biosciences into its knowledge system? And what kind of ethical, socio-political, and scientific consequences are attached to the establishment of such new legalities? The book examines these problems by looking at materialities, the posthuman, and the relational in the (un)making of legalities. Themes and topics include postgenomic research, gene editing, neuroscience, epigenetics, precision medicine, regenerative medicine, reproductive technologies, border technologies, and theoretical debates in legal theory on the relationship between persons, property, and rights.

Biolaw: Origins, Doctrine and Juridical Applications on the Biosciences

Biolaw: Origins, Doctrine and Juridical Applications on the Biosciences PDF

Author: Erick Valdés

Publisher: Springer Nature

Published: 2021-03-27

Total Pages: 244

ISBN-13: 3030718239

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This book configures a consistent epistemology of biolaw that distinguishes itself from bioethics and from a mere set of international instruments on the regulation of biomedical practices. Such orthodox intellection has prevented biolaw from being understood as a new branch of law with legally binding force, which has certainly dwindled its epistemological density. Hence, this is a revolutionary book as it seeks to deconstruct the history of biolaw and its oblique epistemologies, which means not accepting perennial axioms, and not seeing paradigms where only anachronism and anomaly still exist. It is a book aimed at validity, but also at solidity because the truth of biolaw has never been told before. In that sense, it is also a revealing text. The book shapes biolaw as an independent and compelling branch of law, with a legally binding scope, which boosts the effectiveness of new deliberative models for legal sciences, as well as it utterly reinforces hermeneutical and epistemological approaches, in tune with the complexity of disturbing legal scenarios created by biomedical sciences’ latest applications. This work adeptly addresses the origins of the European biolaw and its connections with American bioethics. It also analyses different biolaw’s epistemologies historically developed both in Europe and in the United States, to finally offer a new conception of biolaw as a new branch of law, by exploring its theoretical and practical atmospheres to avoid muddle and uncertainty when applied in biomedical settings. This book is suitable for academics and students of biolaw, law, bioethics, and biomedical research, as well as for professionals in higher education institutions, courts, the biomedical industry, and pharmacological companies.

Ethics and Law in Biological Research

Ethics and Law in Biological Research PDF

Author: Cosimo Marco Mazzoni

Publisher: Martinus Nijhoff Publishers

Published: 2002-04-11

Total Pages: 276

ISBN-13: 9789041117427

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Scientific research on biotechnologies has become the protagonist of discoveries that exert a formidable impact on public opinion. Every day popular opinion is challenged by the media, so that it becomes not only a witness of these developments, but is also, to a certain extent, forced to become a judge of those cases where human and animal genetics have been investigated over the last decades. The man-in-the-street is thus confronted by moral positions ranging from cautious approval, to wait-and-see attitudes, to unconditional condemnation. On the other hand, scientists are involved in the ethical evaluation of the results of their own research. However, the results of scientific pursuits are capable of producing immediate effects on the daily life of every human being. Consequently, alongside the scientists, people feel strongly about their need and their right to contribute to an accurate assessment of the effects of science on society. This is a collection of essays reflecting a considerable range of different cultural experiences and different ethical underpinnings. The main subject is cloning. Cloning is the most accessible and most readily perceived point of convergence from which ethical judgments on the current developments of scientific investigations can be proposed. Cloning is also the 'paradox' on which the confrontation between scientific research and popular imagination is focused.

Symbolic Legislation Theory and Developments in Biolaw

Symbolic Legislation Theory and Developments in Biolaw PDF

Author: Bart van Klink

Publisher: Springer

Published: 2016-08-31

Total Pages: 301

ISBN-13: 3319333658

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This edited volume covers new ground by bringing together perspectives from symbolic legislation theory on the one hand, and from biolaw and bioethics on the other hand. Symbolic legislation has a bad name. It usually refers to instances of legislation which are ineffective and that serve other political and social goals than the goals officially stated. Recently, a more positive notion of symbolic legislation has emerged in legislative theory. From this perspective, symbolic legislation is regarded as a positive alternative to the more traditional, top-down legislative approach. The legislature no longer merely issues commands backed up with severe sanctions, as in instrumental legislation. Instead, lawmakers provide open and aspirational norms that are meant to change behavior not by means of threat, but indirectly, through debate and social interaction. Since the 1990s, biomedical developments have revived discussions on symbolic legislation. One of the reasons is that biomedical legislation touches on deep-rooted, symbolic-cultural representations of the biological aspects of human life. Moreover, as it is often impossible to reach consensus on these controversial questions, legislators have sought alternative ways to develop legal frameworks. Consequently, communicative and interactive approaches to legislation are prominent within the governance of medical biotechnology. The symbolic dimensions of biolaw are often overlooked. Yet, it is clear that the symbolic is at the heart of many legal-political debates on bioethical questions. Since the rise of biomedical technologies, human body materials have acquired a scientific, medical and even commercial value. These new approaches, which radically question existing legal symbolizations of the human body, raise the question whether and how the law should continue to reflect symbolic values and meanings. Moreover, how can we decide what these symbolic values are, given the fact that we live in a pluralistic society?

The Emergence of Biolaw

The Emergence of Biolaw PDF

Author: Takis Vidalis

Publisher: Springer Nature

Published: 2022-06-20

Total Pages: 319

ISBN-13: 3031023595

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This book introduces “biolaw” as an integrated and distinct field in contemporary legal studies. Corresponding to the legal dimension of bioethics, the term “biolaw” is already in use in academic and research activities to denote legal issues emerging mostly from advanced technological applications. This book is a genuine attempt to rationalize the field of biolaw after almost four decades of continuous production of relevant legislation and judgments worldwide. This experience is a robust basis for defending a) a separate legal object, covering the total of legal norms that govern the management of life as a natural phenomenon in all its possible forms, and b) an “evolutionary” approach that opens the discussion on a future conciliation of legal regulation with the Theory of Evolution on the ground of biolaw.

Biolaw and International Criminal Law

Biolaw and International Criminal Law PDF

Author: Caroline Fournet

Publisher: BRILL

Published: 2020-11-30

Total Pages: 411

ISBN-13: 9004364420

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Biolaw and International Criminal Law: Towards Interdisciplinary Synergies investigates the foundational, conceptual and interdisciplinary aspects of an emerging field: International Criminal Biolaw.

Regulation of Synthetic Biology

Regulation of Synthetic Biology PDF

Author: Alison McLennan

Publisher: Edward Elgar Publishing

Published: 2018-04-27

Total Pages: 424

ISBN-13: 178536944X

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This book explores the interplay between regulation and emerging technologies in the context of synthetic biology, a developing field that promises great benefits, and has already yielded fuels and medicines made with designer micro-organisms. For all its promise, however, it also poses various risks. Investigating the distinctiveness of synthetic biology and the regulatory issues that arise, Alison McLennan questions whether synthetic biology can be regulated within existing structures or whether new mechanisms are needed.

Synthetic Biology

Synthetic Biology PDF

Author: Markus Schmidt

Publisher: Springer Science & Business Media

Published: 2009-09-16

Total Pages: 190

ISBN-13: 9048126789

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Synthetic biology is becoming one of the most dynamic new fields of biology, with the potential to revolutionize the way we do biotechnology today. By applying the toolbox of engineering disciplines to biology, a whole set of potential applications become possible ranging very widely across scientific and engineering disciplines. Some of the potential benefits of synthetic biology, such as the development of low-cost drugs or the production of chemicals and energy by engineered bacteria are enormous. There are, however, also potential and perceived risks due to deliberate or accidental damage. Also, ethical issues of synthetic biology just start being explored, with hardly any ethicists specifically focusing on the area of synthetic biology. This book will be the first of its kind focusing particularly on the safety, security and ethical concerns and other relevant societal aspects of this new emerging field. The foreseen impact of this book will be to stimulate a debate on these societal issues at an early stage. Past experiences, especially in the field of GM-crops and stem cells, have shown the importance of an early societal debate. The community and informed stakeholders recognize this need, but up to now discussions are fragmentary. This book will be the first comprehensive overview on relevant societal issues of synthetic biology, setting the scene for further important discussions within the scientific community and with civil society.

Biolaw and Policy in the Twenty-First Century

Biolaw and Policy in the Twenty-First Century PDF

Author: Erick Valdés

Publisher: Springer

Published: 2019-01-24

Total Pages: 347

ISBN-13: 3030059030

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This book offers an impressive collection of contributions on the epistemology of international biolaw and its applications, both in the legal and ethical fields. Bringing together works by some of the world’s most prominent experts on biolaw and bioethics, it constitutes a paradigmatic text in its field. In addition to exploring various ideologies and philosophies, including European, American and Mediterranean biolaw traditions, it addresses controversial topics straight from today’s headlines, such as genetic editing, the dual-use dilemma, and neurocognitive enhancement. The book encourages readers to think objectively and impartially in order to resolve the ethical and juridical dilemmas that stem from biotechnological empowerment and biomedical techniques. Accordingly, it offers a valuable resource for courses on biolaw, law, bioethics, and biomedical research, as well as courses that discuss law and the biosciences at different professional levels, e.g. in the courts, biomedical industry, pharmacological companies and the public space in general.