Человеческий эмбрион как потенциальный субъект права

Abstract

Nowadays, the search for the place of the human embryo in the dyad “subject and object” of law seems to be an urgent challenge for legal science due to the rapid development of medical technologies that make it possible to question the only previously known purpose of the human embryo – to be born as a child. By examining the understanding of legal subjects as developed in various legal paradigms, the author of this study seeks to delineate the place of the human embryo within the subject-object duality of law, justifying the legal status of the human embryo as a potential subject of law from the perspective of a communicative conception of law shared by him. The study employs formal-legal methods, as well as analytical, synthesis, comparative, and thought experiment methods, along with elements of an interdisciplinary approach (utilizing findings from medical research on the human embryo to support legal conclusions, thereby contributing to the scientific novelty of the study). In conclusion, the recognition of the human embryo as a potential subject of law necessitates a nuanced understanding of legal subjectivity and the evolving nature of human development. By engaging with interdisciplinary perspectives and communicative theories of law, we can pave the way for a more inclusive and ethically informed approach to legal discourse surrounding embryonic rights and protections.