Regulating human enhancement technology: an equality perspective

Thesis

The aim of the thesis is two-fold. First, to shine a spotlight on the significant but under theorised equality harms of human enhancement technology (HET). Second, to provide a robust framework for regulating the most immediate of these harms: unfairness in competitive scenarios.

The thesis is divided into six chapters. Together, Chapter One and Two set up the base upon which the argument of the thesis builds. Chapter One explains HET and canvasses the dominant definitional approaches. It argues that none of these offer stable markers for regulation and proposes a ‘variable-degree spectrum’ definition of HET. Chapter Two engages with regulatory theory. It argues that new technology such as HET may precipitate sui generis regulatory intervention when it results in harms that cannot be addressed by existing generic laws.

Chapters Three, Four and Five bring the equality harms of HET into focus and attempt resolution through existing law. Chapter Three delineates the potential and current equality harms of HET and states unfair competition as the focus of the thesis. It notes that while existing laws can be applicable to certain harms on a case-to-case basis, they fail to capture the harm of unfair competition. Chapter Four explores equality law in international human rights law as a further source of generic law which can preclude sui generis regulatory intervention. It is found deficient in its ability to address the concern with unfair competitions. Chapter Five draws insights from the regulation of enhancements in sports. These insights affirm the link between effort, merit, and reward, the need for a concrete definition of enhancement, and the relevance of positionality of the enhancement.

Chapter Six, the final chapter, consolidates the insights and conclusions of the previous chapters. It presents the equality-informed model for regulating enhancement in competitive scenarios. It applies this model to three distinct hypotheticals in the education context, derives results, and then makes concrete regulatory suggestions tailored to the needs of the hypothetical.

Authors: Agarwal, AA

• DOI: 10.5287/ora-ngqo70j9k
• Type of award: DPhil
• Level of award: Doctoral
• Awarding institution: University of Oxford
• Language: English
• Keywords: human enhancement technology; fairness; education; sport; regulation; equality
• Subjects: Technology; Regulation; Law; Bioethics