Law and technological culture: Artificial intelligence and Human Rights: transhumanism, neuro-rights and bioethics

EHU Module "New Issues in Socio-Legal Studies"

I will mention some of the most relevant technological advances for Law based on artificial intelligence, which are: transhumanism, neuroscience and bioethics.

1. Transhumanism

Before providing a definition of “transhumanism”, it is necessary to dwell on an axiom defended by the main defender and representative philosopher of this trend, the Swede Nick Bostrom. According to him, homo sapiens sapiens does not represent the zenith of evolution and should still reach an evolutionary excellence it has not achieved. Thanks to the advances of Artificial Intelligence, the human species is evolving towards post-humanism, being the stage of transhumanism an intermediate stage of this evolution.

Nick Bostrom defines transhumanism as “the cultural, intellectual and scientific movement that affirms the moral duty to improve the physical and cognitive capacities of the human species, and to apply new technologies to man, so that unwanted and unnecessary aspects of the human condition, such as suffering, disease, aging and even mortality, can be eliminated”. There are also authors who warn that transhumanism represents a risk for the liberal legal order of Western democracies, for the culture of human rights, and even for the anthropological dimension of the human individual.

2. Neuroscience

Neuroscience is the set of sciences “that study the biological bases of the brain, based on its neural analysis in order to explain and understand it”. As the advances in the field of neuroscience have been so spectacular in the last decades, there have been advances that directly affect Law. Taking into account that law is an instrument that has been based on concepts that support the autonomy and independence, central concepts of a general theory of law such as “will” and “freedom” are profoundly affected by these advances. Moreover, the Universal Declaration of Human Rights of 1948 rests on a type of human being that is very different from that presented by technological advances.

3. Bioethics

Bioethics is the study of ethical issues that arise in medicine and the life sciences, especially in relation to biology and technology. It focuses on issues such as abortion, euthanasia, human experimentation, genetic research, among others. Bioethics seeks to analyze the moral aspects of these situations and establish ethical principles to guide decisions in these fields. Bioethics is a multidisciplinary field that involves health professionals, philosophers, scientists, legislators and other experts. It is considered a branch of applied ethics, but with a specific focus on ethical dilemmas arising from scientific and technological advances.Socio-legal bioethics examines the ethical, legal, and social implications of advancements in biomedicine and related fields. It considers how these advancements impact individuals and society, taking into account social structures, legal frameworks, and ethical principles. This field bridges the gap between scientific progress and societal values, ensuring that technological advancements are developed and implemented responsibly and ethically.