1. 2 Is damage to an advanced prosthesis property damage or a personal injury?

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Flesh Be Not Proud©

Law and Advanced Prostheses

Sander Rabin MD JDThe Center for Transhuman Jurisprudence, Inc

New York City BarSeptember 28, 2015

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Is damage to an advanced prosthesis property damage or a personal injury?

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Is fatal damage to this prosthesis property damage or wrongful death?

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Perspective

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Three Questions

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The “Rule of Law” Question

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The “Evolution” Question

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The “Epochal” Question

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The world that’s on it’s way is called …

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The path we’re on to get there is cyborgization.

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Cyborgization is an aspect of human enhancement

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Advanced Prostheses are a Human Enhancement Enabling Technology (HEET)

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MORPHOLOGICAL FREEDOM

PARTICIPANT EVOLUTION

PROCREATIVE LIBERTY

COGNITIVE LIBERTY

TECHNOLOGICAL SELF DETERMINATION

RADICAL LIFE EXTENSION

Transhuman Jurisprudence

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Hacking Neuroprosthesis Cognitive Liberty

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Which part of this picture is your body?

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Which part of this picture is not your body?

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The Body and a Ship Called Theseus

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A Human[?] Being Called Theseus

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One View of the Body and Three Values

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Subjectivity is Embodied

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Identity is Embodied

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Agency is Embodied

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Theories

Dignity, Personhood, Sanctity

Autonomy in Support of Privacy

Autonomy in Support of Property

Right to Bodily Integrity

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Abandon overarching right to bodily integrity based on theories of: • property, • autonomy (privacy), or • dignity with scope confined to boundaries of physical, organic, continuous human body.

Human Body as connected to Environment

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Replace rights IN our bodies, i.e., property, autonomy, dignity, with rights to functions and capabilities THROUGH our bodies, however they are sustained or modified.

Human Body as an Environmental Interface

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Replace traditional right to bodily integrity with rights to sustain, modify, and enhance: • embodied subjectivity; • embodied identity; and, • embodied agency.

Human Body as an instrument of the Self

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Protect a [human] being’s interest in:• embodied identity.• embodied subjectivity, and• embodied agency. If damaged, create liability independent of characterizations such as “property,” “body,” “organic,” “synthetic”, etc.These are arbitrary in a future given by cyborgization.

Cyborg Liability

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The Center for Transhuman Jurisprudence

The mission of the Center for Transhuman Jurisprudence is consultation and education on the choices that are and will be

available to people in matters of their minds, bodies, and genes.

The vision of The Center for Transhuman Jurisprudence is to effect a legal metamorphosis that will sustain a technologically

enhanced civilization.

Sander Rabin MD JD [email protected]

+1 518.867.7296