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Body Extension and the Law: Medical Devices, Intellectual Property, Prosthetics and Marginalisation (Again).

Shawn H E Harmon1, Abbe Brown2, Sita Popat3

  • 1School of Law, University of Edinburgh, Scotland.

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|December 4, 2018
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Summary

This study examines how legal frameworks for artificial limbs and digital avatars impact personal integrity and identity. It calls for updated legal approaches to better reflect the personhood of prosthetic users.

Keywords:
Personidentityintegrityintellectual propertymedical devices

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Area of Science:

  • Interdisciplinary research
  • Socio-legal studies
  • Bioethics

Background:

  • Prosthetic users' experiences with artificial limbs and digital avatars.
  • Current legal regimes governing medical devices and intellectual property.
  • The concepts of personal integrity and identity in legal and philosophical discourse.

Purpose of the Study:

  • To analyze the engagement of medical device regulation and intellectual property law with the personhood, integrity, and identity of prosthetic users.
  • To critique existing legal definitions of the 'person'.
  • To advocate for new legal and interdisciplinary approaches to understanding personhood.

Main Methods:

  • Empirical research
  • Doctrinal legal analysis
  • Critical evaluation of legal regimes
  • Perspective-taking from prosthetic users.

Main Results:

  • Current legal regimes inadequately engage with the concepts of personhood, integrity, and identity for prosthetic users.
  • Law's generated meaning of the 'person' is criticized for its limitations.
  • Existing frameworks exhibit problematic approaches to authority and control concerning prosthetics and digital representations.

Conclusions:

  • There is a need for revised legal approaches within medical device regulation and intellectual property law.
  • A new, multifaceted, interdisciplinary approach is required to understand the person, identity, and integrity in the context of advanced prosthetics and digital avatars.