From: Mark Walker (mark@markalanwalker.com)
Date: Mon Mar 03 2003 - 13:54:25 MST
The latest issue of the Journal of Evolution and Technology
(www.jetpress.org) is hot off the press. Volume 13 contains the article
"Biotechnology at the Margins of Personhood: An Evolving Paradigm" by Linda
MacDonald Glenn, Esq.
Abstract
The last few years have seen scientific advancements that were thought to be
possible only in the realm of science fiction. From nuclear transfer to
exogenous pregnancies, implantable brain chips to transgenic engineering,
cyborg to chimera, we may be taking the next step in our own evolution. As
barriers between the species begin to blur and blend, should humans retain
special elevated status? How will these affect notions of "personhood"?
Possible implications range from affecting the abortion debate, to
end-of-life decision making, to animal rights. If traditional notions of
personhood prevail, are we running the risk of denying essential basic
liberties to sentient beings? If modern expanded notions of personhood
prevail, do we run the risk of somehow being "degraded" and losing our
"human dignity"? Legal notions of personhood have lagged far behind the
philosophical and ethical discourse, yet some courts and legislatures have
seen fit to extend the definition by creating legal fictions to recognize
such entities as corporations and ships as "persons." The law has been
notoriously slow in keeping up with ethical issues and technological
advances; legislatures are loath to deal with controversy and courts must
often wait until litigation arises out of a crisis. The next several
decades will test the flexibility of the law in response to evolving
advancements.
In this thesis, I analyze and review the literature of classical ethical,
religious and legal definitions of personhood. I explore which significant
developments in biotechnology may affect evolving legal and ethical notions
of personhood; I also outline a rubric for considering the definition and
scope of the human identity as "person" from different research
perspectives, including legal, philosophical, ethical and technological.
Finally, I examine whether or not there is a recurrent theme, a common
thread, commensurability, some unifying underlying principle, in
philosophical and theological perspectives and in the decisions made by
courts, legislatures, and governmental agencies. In my quest for
commensurability, I argue that a balancing approach is warranted, resulting
in an expanded, evolving notion of personhood.
Cheers,
Mark
Mark Walker, PhD
Research Associate, Trinity College, University of Toronto
Editor-in-Chief, Journal of Evolution and Technology www.jetpress.com
Editor-in-Chief, Transhumanity, www.transhumanism.com
www.markalanwalker.com www.permanentend.org
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