In the time in which the borders between natural and artificial fade, an unprecedented human type knocks at the doors: the sapiens gives way to an updated version of itself through the use of technology and medical science which aims to enhance physical, mental and emotions beyond the range of typical functioning. This is where the examination of human enhancement methods and their inseparable link with transhumanism takes off. Moving within this horizon, the essay will first of all try to demonstrate how articles 2, 13, and 32 of Constitution constitute the fertile ground for such practices. Later, it will show how another triad of principles ˗ the articles 32, 13 and 3 of Constitution ˗ can act as a barrier to the expansion of human enhancement, also in the military sphere. Subsequently, we will investigate the fences that the rights of the three great monotheisms build against subjective volition: here the enhancement must deal with a superiorly given law and with an order of nature which is creational, and therefore divine. It will conclude by suggesting new syntheses between the constitutional chessboard and the foundation value table of the three religiously based rights.
Ilaria Samorè (2023). Human enhancement, ovvero una nuova sfida per il diritto: un passo a due tra diritto costituzionale e diritti a base religiosa Human enhancement, or a new challenge for the law: a two-step between Constitutional law and religiously based rights. STATO, CHIESE E PLURALISMO CONFESSIONALE, 5/b, 179-226.
Human enhancement, ovvero una nuova sfida per il diritto: un passo a due tra diritto costituzionale e diritti a base religiosa Human enhancement, or a new challenge for the law: a two-step between Constitutional law and religiously based rights
Ilaria Samorè
2023
Abstract
In the time in which the borders between natural and artificial fade, an unprecedented human type knocks at the doors: the sapiens gives way to an updated version of itself through the use of technology and medical science which aims to enhance physical, mental and emotions beyond the range of typical functioning. This is where the examination of human enhancement methods and their inseparable link with transhumanism takes off. Moving within this horizon, the essay will first of all try to demonstrate how articles 2, 13, and 32 of Constitution constitute the fertile ground for such practices. Later, it will show how another triad of principles ˗ the articles 32, 13 and 3 of Constitution ˗ can act as a barrier to the expansion of human enhancement, also in the military sphere. Subsequently, we will investigate the fences that the rights of the three great monotheisms build against subjective volition: here the enhancement must deal with a superiorly given law and with an order of nature which is creational, and therefore divine. It will conclude by suggesting new syntheses between the constitutional chessboard and the foundation value table of the three religiously based rights.File | Dimensione | Formato | |
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