Framing and legitimating EU legal regulation of human gene-editing technologies: Key facets and functions of an imaginary

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Abstract

Gene-editing technologies, ie those able tomake changes in the DNA of an organism, are the object of global competition and a regulatory race between countries and regions. There is an attempt to craft legal frameworks protective enough for users, but flexible enough for developers of gene-editing technologies. This article examines the imaginary built into the framing of EU-level legal regulation of human gene-editing technologies and identifies its three key related facets: the tension around naturalness; safeguarding morality and ethics; and the pursuit ofmedical objectives for the protection of human health. Concerns around the use of gene-editing technologies in relation to eugenics and human enhancement have produced a multifaceted imaginary. We argue that this imaginary not only places a limit on EUlevel regulation, despite a strong EU competence in respect of the internal market, but also seeks to ensure its legitimation.

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Mahalatchimy, A., Lau, P. L., Li, P., & Flear, M. L. (2021). Framing and legitimating EU legal regulation of human gene-editing technologies: Key facets and functions of an imaginary. Journal of Law and the Biosciences, 8(2). https://doi.org/10.1093/jlb/lsaa080

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