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Original Articles

Legal Implications of Biomedical Science and Technology in the Twenty-First Century

Pages 184-201 | Published online: 22 Nov 2013

  • Selected Bibliography: Symposium on Medical Progress (1967), 32 L. & Contemp. Prob. 561 et seq.; Symposium, Toward the Year 2000: Work in Progess (1967), 96 Daedalus 639 et seq.; A Symposium: Some Legal Problems in Medical Treatment and Research (1968), 36 Fordham L. Rev. 631 et seq.; J. Malherbe, Médecine et droit moderne (1968); Symposium, Reflections on the New Biology (1968), 15 U.C.L.A. L. Rev. 267 et seq.; P. London, Behaviour Control (1st ed., 1969) (Paper 1971); A. Rosenfeld, The Second Genesis: The Coming Control of Life (1969); Symposium, Ethical Aspects of Experimentation with Human Subjects (1969), 98 Daedalus 219 et seq.; J. L. Baudouin, L'incidence de la biologie et de la médecine moderne sur le droit civil (1970), 5 Thémis 217; Hal Hellman, In the World of the Future (1971); R. Gorney, The Human Agenda (1972); M. Hamilton, ed., The New Genetics and the Future of Man (1972).
  • In general see Jay Katz, Experimentation with Human Beings (1972).
  • The study and control of various possible influences as a means of improving the hereditary characteristics of a race. Negative: that concerned with prevention of mating of individuals possessing inferior or undesirable traits. Positive: that concerned with promotion of optimal mating of individuals possessing superior or desirable traits. Dorland's Illustrated Medical Dictionary (24th ed., 1965).
  • The change of undesirable genes by directed mutation.
  • The treatment of genetic maladjustments on the individual during his lifetime.
  • The fundamental hereditary constitution (or assortment of genes) of an individual. Dorland's Illustrated Medical Dictonary, op. cit., footnote 3.
  • In Canada see the Alberta Sexual Sterilization Act, R.S.A., 1970, c. 341, which provides for the compulsory sterilization of certain mentally defective persons. For an analysis of the Act see K. J. McWhirter and J. Weijer, The Alberta Sterilization Act: A Genetic Critique (1969), 16 U. of T. L. J. 424. The Government of Alberta has promised the repeal of this Act. In British Columbia see the Sexual Sterilization Act, R.S.B.C., 1960, c. 353.
  • The reproductive and hereditary substance of individuals which is passed on from the germ cell in which an individual originates in direct continuity to the germ cells of succeeding generations. By it new individuals are produced and hereditary characters are transmitted. Dorland's Illustrated Medical Dictionary, op. cit., footnote 3.
  • The creation of the abnormal.
  • Note that the 1968 International Conference on Human Rights warned that recent scientific discoveries and technological advances might endanger the rights and freedoms of individuals. The General Assembly of the United Nations at its 1968 session shared this concern and requested the Secretary-General to undertake a study of the problems relating to human rights as they arise from developments in science and technology. A preliminary report was submitted in 1970 to the General Assembly. It consisted of a summary account of studies made on the following subjects: respect for the privacy of individuais and the integrity and sovereignty of nations in the light of advances in recording and other techniques; protection of the human personality and its physical and intellectual integrity in the light of advances in biology, medicine and biochemistry; uses of electronics which might affect a person's rights and the limits which should be placed on such uses; and the balance which should be established between scientific and technological progress and the intellectual, spiritual, cultural and moral advances of humanity. The Secretary-General was asked to continue the study of these problems. Everyman's United Nations, A Summary of the Activities of the United Nations During the Five-Year Period 1966–1970 (1971), pp. 155–156.
  • Method whereby a sample of the ambiotic fluid surrounding an unborn child is investigated in order to find out if the cells given off by the foetus indicate genetic disorders.
  • Recently the United States Supreme Court held that a foetus is not a person under the Constitution and thus has no legal right to life.
  • An embryonic cell that has not yet become differentiated. Dorland's Illustrated Medical Dictionary, op. cit., footnote 3.
  • See some Legal Aspects of Human Organ Transplantation in Canada (1968), 36 Can. Bar Rev. 345 and, more recently, Transplantation, ed. by J. S. Najarian and R. L. Simmons (1972), pp. 325 et seq.
  • The preservation of a living or dead human body by freezing or supercooling.
  • The freezing and storage of a human body after clinical death.
  • System of organs whose function is to secrete into the blood or lymph a substance that has a specific effect on another organ or part. Dorland's Illustrated Medical Dictionary, op. cit., footnote 3.
  • Physical Control of the Mind: Toward a Psychocivilized Society (1st ed., 1969).
  • Rabelais, Gargantua et Pantagruel (1534), Book II, Ch. VIII.
  • ”Supplément d'âme”, Bergson, Les deux sources de la morale et de la religion (8th ed., 1946, Les Presses Universitaires), p. 329.

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