Body extension and the law: medical devices, intellectual property, prosthetics and marginalisation (again)

Abstract

This interdisciplinary paper, drawing on empirical and doctrinal research regarding artificial limbs and digital avatars, analyses two concepts which are argued to be core to the person – integrity and identity. From the perspective of a person who is a prosthetic user, the paper then evaluates the extent to which two legal regimes which are highly relevant to prosthetics, medical devices regulation (and its delivery) and intellectual property (and its power), engage with the person, integrity and identity with a focus on approaches taken to authority and control. The paper criticises the meaning which law generates regarding the person. It calls for new approaches to be taken by the legal regimes explored to the person, identity and integrity; and for a new multifaceted interdisciplinary driven approach to the person.