Research using three-dimensional neural tissues derived from human pluripotent stem cells-known as 'human brain organoids'-has progressed rapidly in recent years. Although related ethical issues have been intensively discussed, legal issues have only been sparsely examined compared with the related ethical issues. In this paper, we explore a fundamental issue concerning the legal status of human brain organoids: whether they can be considered legal persons. We clearly distinguish between two types of legal personhood: 'natural person' as a human legal person and 'juridical person' as a nonhuman legal person. By examining natural and juridical personhood separately, we point out the bias and confusion in the remarks on the legal personhood of human brain organoids and provide a more comprehensive picture of the problem.
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http://dx.doi.org/10.1093/jlb/lsad007 | DOI Listing |
Integr Psychol Behav Sci
December 2024
OP Jindal Global University, Sonipat, India.
What does the brain mean in a legal domain, and how does integrating neuroscience and law go beyond the practical difficulties highlighted by social scientists and legal theorists? The debate about the confluence of neuroscience and law is both promising and uncertain. Legal theorists took it as a conceptual error, and neuroscience advocates find it a promising emerging field. The social psychological approach towards law is for critical integration of both.
View Article and Find Full Text PDFEur J Oncol Nurs
November 2024
Centre for Health, Activity and Rehabilitation Research, United Kingdom.
Purpose: Cancer incidence is growing in the UK population and will affect half of all individuals in their lifetime, with most new diagnoses occurring over the age of 60 years old. Despite legal reforms and liberation of lesbian, gay, bisexual, transgender, queer, or questioning (LGBTQ) people's rights in recent years, many LGBTQ people affected by cancer will have faced significant societal discrimination in their lives. The aim of this research was to explore how cancer treatment impacts on the personhood of LGB people, and to increase understanding of social issues specific to this community.
View Article and Find Full Text PDFTheor Med Bioeth
December 2024
Center for Law and Biomedical Sciences, University of Utah S. J. Quinney College of Law, Salt Lake City, UT, USA.
In clinical research, decision-making capacity is often equated with unspecified conceptions of autonomy, and autonomy is often equated with personhood. On this view, the loss of decision-making capacity is seen as a loss of autonomy, and the loss of autonomy subsumes a loss of personhood. An ethical concern arises at the intersection of those philosophical considerations with the legal considerations in informed consent.
View Article and Find Full Text PDFInt J Law Psychiatry
December 2024
Co-Leader Planning for Healthy Ageing Program, Australian Centre for Health Law Research, School of Law, Queensland University of Technology, GPO Box 2434, Brisbane, Qld 4001, Australia. Electronic address:
Mental capacity (MC) is increasingly recognized as one of the most complex and nuanced constructs that has legal, health and social care implications. Although the UN (2006) Convention on the Rights of Persons with Disabilities (CRPD) provides a strong foundation for asserting a rights-based approach that arguably calls into question the use of this construct entirely, a more moderate, practically-focused approach recognizes that mental (in)capacity continues to be invoked as the justification for over-ruling individual choice. In keeping with the philosophy of the CRPD then, and human rights-based principles more broadly, mental capacity must be (re)envisioned to achieve compliance with more rights-based, contextualized directives.
View Article and Find Full Text PDFFertil Steril
December 2024
Department of Obstetrics and Gynecology, Louisiana State University Health- Shreveport, Shreveport, Louisiana; Department of Obstetrics and Gynecology, University of Mississippi Medical Center, Jackson, Mississippi; Positive Steps Fertility, Madison, Mississippi.
We share experiences in advocating to defend in vitro fertilization (IVF) in Virginia, Missouri, and Mississippi; provide historical context on the "Personhood" anti-IVF movement; and discuss why "embryo donation" is a more accurate term than "embryo adoption." Some individuals and communities have a deeply held belief that a fertilized oocyte is a very early human life, and we will likely never change their minds. In the fertility community, most providers consider embryos to be an important part of the continuum between gametes (sperm and eggs) to live birth.
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