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David R Lawrence, Margaret Brazier, Legally Human? ‘Novel Beings’ and English Law, Medical Law Review, Volume 26, Issue 2, Spring 2018, Pages 309–327, https://doi.org/10.1093/medlaw/fwy017
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ABSTRACT
Novel beings—intelligent, conscious life-forms sapient in the same way or greater than are human beings—are no longer the preserve of science fiction. Through technologies such as artificial general intelligence, synthetic genomics, gene printing, cognitive enhancement, advanced neuroscience, and more, they are becoming ever more likely and by some definitions may already be emerging. Consideration of the nature of intelligent, conscious novel beings such as those that may result from these technologies requires analysis of the concept of the ‘reasonable creature in being’ in English law, as well as of the right to life as founded in the European Convention on Human Rights and the attempts to endow human status on animals in recent years. Our exploration of these issues leads us to conclude that there is a strong case to recognize such ‘novel’ beings as entitled to the same fundamental rights to life, freedom from inhumane treatment, and liberty as we are.