This unit explores the emerging complexity of the relation between Law and Biology in the 21th century. It examines the following question: What does the concept "biology" do in legal descriptions of events in the world. Law not just regulates, allows, or limits what can be done or undone biologically but it also defines or alters our philosophical, political or social self-understanding. Both law and biology are meaningful structures which define, diagnose, and create concepts of persons as "nature", "bodies", "organism", "groups" or "life" (to name just a few). "Law and Biology" aims to provide a historical, analytical, and critical reflection on the legal implications of biological or biologized legalities.
The unit complements other units offered at the law school such as Legal Theory, Law and Social Theory, and Theories of Law and Justice. Similar to these units, Law and Biology has an emphasis on theoretical and critical aspects of the topic and relates law to an interdisciplinary field of knowledge and legal practices. The unit also relates to units such as Law and Medical Health or Intellectual Property Law which connect law with the biomedical or biotechnological field. The main difference with the theory electives is that Law and Biology takes place in an entirely different context, the field of biology, and that its focus is on theorizing law in the contemporary world where biolegitimacy increasingly takes hold. The difference with the other units is that the Law and Biology unit does not focus on matters of litigation. Instead, it opens up a broader and theoretical horizon both in the ways law itself can be understood and how it is connected to biology and science as a method. This connection will be explained through historical, analytical and legal insights and will include reflections on the scientific and ethical questions this relation provokes in the contemporary legal system.
Students wishing to think about law “outside the box" and who are interested in developing a rich theoretical and interdisciplinary perspective on law combining insights from philosophy, biology, technology, sociology, neurology, psychology and ethics will surely enjoy this course.It is recommended that students have some knowledge in legal theory through having taken one of the legal theory prescribed electives before enrolling in this course. No pre-existing knowledge of biology is necessary.
Main Topics
- Law and Nature
- The Body of Law
- Biopolitics
- Biotechnology
- Neurolaw
- Sociobiology
- Forensics
- Criminology
