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.
