In “Law at the Frontiers of Biomedicine”, Shaun Pattinson explores the intricate interplay between law and emerging biotechnologies which enable the creation, enhancement and extension of human life. The book introduces an innovative legal theory for judicial and legislative developments of the law - “contextual legal idealism”. This paradigm shift challenges traditional approaches by emphasizing moral principles and contextual constraints in addressing challenges at the frontiers of biomedicine.
Pattinson initiates the journey by laying the groundwork in the first part of the book, focusing on “Moral and Legal Values”. In Chapter 1, the intricate subject of morality is presented with captivating simplicity, making a potentially challenging topic both engaging and accessible. Pattison explains different types of moralities and how judges, when they do draw on the law, do not uniformly draw from one type of moral theory.
Chapter 2 presents the framework of “Contextual Legal Idealism”, an unusual legal theory which is defended and applied in the book. It is argued that contextual legal idealism is implied by the attempt to understand the enterprise of regulating human conduct. The argument posits that legislators and judges ought to employ a universal moral principle, known as the PGC, within the specific context of their operations, considering various institutional, social, and technological factors. This theoretical framework aims to redefine the role of legal officials by integrating a more comprehensive understanding of ethical values into their decision-making processes. An interesting analogy in this chapter, sure to resonate with Star Wars enthusiasts, adds an engaging layer to the exploration of these innovative legal concepts.
The second part of the book comprises of four case studies, each delving into potential future developments in biomedicine. These case studies serve as practical applications of contextual legal idealism, offering insights into how legal officials might navigate uncharted ethical territories.
In chapter 3, Pattinson addresses the implications of genetic science (including DNA, genes and genetic disorders) and current genome editing (ranging from recombinant DNA to CRISPR, technology with the potential to reshape the genetic landscape). Using an imagined scenario for the future of genome editing technology, the PGC is applied. Draft legislation is then outlined to amend the existing legislation in light of the scenario, to accommodate the challenges posed by genetic manipulation, taking into consideration moral and societal considerations.
Chapter 4, which is one of our favorite chapters, considers the concept of ectogestation, gestating a fetus outside the maternal body and in an artificial womb/ ectogenic incubator. This advance raises questions about reproduction and parental rights. Pattinson carefully explores these complexities using a hypothetical application for a declaration to confirm the lawfulness of removing a fetus from a womb at 22 weeks for the purpose of transferring it into an ectogestation device. The imagined case is referred to as Re B and allows for careful consideration of the issues raised, including, autonomy, legal personality, and the evolving definition of birth in the face of transformative biotechnologies.
In chapter 5, turning to cybernetic biohacking, Pattinson delves into the legal implications of self-experimentation of human beings on oneself outside a standard medical or research context. The chapter first examines current biohacking and cybernetic practices then considers some of the challenges they pose to the interpretation and application of current law. Using a Hypothetical Bill, he examines how the case for legislative reform could be made, and envisions how legal frameworks might need to adapt to regulate the use of such technologies, balancing individual liberties with societal interests.
Chapter 6 is a case study on a response to end of life cryonic reanimation - a speculative technology raising questions about life, death, and the boundaries of human existence. Pattinson uses hypothetical appeal court judgments to unpack the legal challenges posed by the prospect of bringing a frozen human back to life, probing into existential questions and ethical considerations.
The third and final part of the book acknowledging domestic legal systems do not operation in global isolation, considers the global context, before summarizing the lessons learned from the analysis of the four cases in Part II. The central message of contextual legal idealism is repeated: “context is crucial when seeking to apply legally valid rules, rulings and regulatory structures to (embodied and socially, geographically and temporally situated) human beings.
An enjoyable read, and Pattinson’s interdisciplinary approach and the real-world application of his theoretical framework make this book a valuable resource. The exploration of hypothetical scenarios provides a useful roadmap for understanding the potential intersections between law, ethics and the rapidly advancing biomedical technologies.
This book has much to offer, Pattinson bravely engages with the intricate challenges posed by the frontiers of biomedicine, offering a fresh perspective on the role of law in addressing and regulating emerging technologies. “Law at the Frontiers of Biomedicine” contributes to academic discourse and serves as a guide for policy makers, academic scholars and students grappling with the complexities of regulating rapidly advancing biotechnologies. Pattinson’s contextual legal idealism provides a promising framework for navigating the ethical frontiers of biomedicine, fostering a thoughtful and nuanced approach to legal decision-making in an era of unprecedented technological advancement.