Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-s2hrs Total loading time: 0 Render date: 2024-11-19T08:38:58.644Z Has data issue: false hasContentIssue false

3 - From Process to Purgatory

Moving Beyond Legal Stasis

from Part I - Into Liminality

Published online by Cambridge University Press:  18 March 2021

Catriona A. W. McMillan
Affiliation:
University of Edinburgh
Get access

Summary

We have seen thus far that the intellectual underpinning of the 1990 Act (as amended) - the embryo’s rather vague ‘special status’ - has not changed since the Act’s inception. Moreover, we have seen that any attempts change the intellectual basis of the Act, for example the 2008 Act, have been cautious at best. Thus, as a way of mapping the landscape to date, and also of clearing a path towards novel approaches to regulating the embryo, this chapter undertakes two important tasks: (1) an academic analysis of the caution mentioned above - a fade from discourse - which has only intensified the confusion surrounding the ‘special’ legal status of the embryo; and (2) an exploration of some of the ways in which the unclear nature, source, and extent of the legal status of the embryo could be clarified by exploring two key normative legal tools that are often employed to provide certainty: binding objects within a regulatory space, and drawing boundaries. Ultimately, this chapter posits that the root of the vague nature of the embryo’s ‘special status’ is a prevailing uncertainty regarding how we ought to treat embryos in vitro, because, by its very nature, it does not easily fit into normative social, moral or legal categories.

Type
Chapter
Information
The Human Embryo In Vitro
Breaking the Legal Stalemate
, pp. 71 - 96
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×