Transhuman Babies and Human Pariahs 213
Law and legal systems flow from human society and culture in its most primitive form.269
Although law and culture are not commonly associated with genetics, in fact, law as derived from
culture stems directly from human genetics. To this point, ethnologist and author Joseph Campbell,
[T]he historically conditioned forms of thought and language by which our
lives are shaped are indeed historically conditioned, whereas the
psychosomatic entity that is everywhere being shaped—namely the
bioenergetic system of one species Homo sapiens sapiens (emphasis in
original)—is and has been for some forty millennia a constant. Hence the
“elementary ideas”… of this single species—which are biologically
grounded… .270 (emphasis added).
Campbell asserts that human psychology is unique to humans and thus dependent on
human DNA.271 Individual human psychology, in turn, gives rise to collective myth and culture,
which are independent of the external environment or the distinct evolution of disperse,
unaffiliated human societies.272 The consequence of this genetically-encoded human psychology
is the rise of repeated motifs and myths common throughout humanity, all of which resonate
internally with the human mind regardless of location, ethnicity or language.273 This unique human
psychology, which derives from specific parts of Homo sapiens DNA responsible for brain
development, is therefore, essential to the functioning of human society and must be preserved to
ensure the stability the socio-legal systems.274 Unique human psychology, therefore, makes a
human, a person for legal purposes.
This psychological theory of legal personhood has the advantage of avoiding reliance on
unsupported premises or arbitrary notions of “personhood” which have no scientific or evidentiary
support.275Also, as Hughes—a proponent of Transhumanism—acknowledges, philosophers such
269 This seemingly straight-forward proposition is exceedingly complex at its core and outside of the scope of this
Article. A basic explanation is that it derives from the legal philosophy of positivism, which in the Author’s opinion
provides the best explanation for the birth of legal systems from the basic origins of human society. This specific
theory comes from legal philosopher H.L.A. Hart. H. L. A. Hart, Law as the Union of Primary and Secondary Rules,
in PHILOSOPHY OF LAW 93-96 (Joel Feinberg, Jules Coleman & Christopeher Kutz, Wadsworth Cengage Learning,
2014). Hart posits that at its most essential level, primitive human societies must act according to an internally-generated “primary rule of obligation,” which enables the society to function by restricting unwanted behavior
detrimental to group function: “in some form restrictions on the free use of violence, theft, and deception to which
human beings are tempted but which they must, in general, repress if they are to coexist in close proximity to each
other.” Id. at 93. According to Hart, this emergent legal system is a “necessary and sufficient condition of the
existence of law.” H. L. A. Hart, The Foundations of a Legal System, in PHILOSOPHY OF LAW 93-96 (Joel Feinberg,
Jules Coleman and Christopher Kutz, Wadsworth Cengage Learning, 2014). As such, human societies evolve from
the “pre-legal to the legal” by implementation of these “primary rules” in addition to “rules of recognition,” which
arise when “a suggested rule…[is] taken as a conclusive affirmative indication that it is a rule of the group to be
supported by the social pressure it exerts.” Hart, Law as the Union of Primary and Secondary Rules, at 95.
270 JOSEPH CAMPBELL, THE INNER REACHES OF OUTER SPACE xx (New World Library 1986).
272 Id. at 6, 27-30.
273 BURTON GUTTMAN, ANTHONY GRIFFITHS, DAVID SUZUKI & TARA CULLIS, GENETICS: THE CODE OF LIFE 4 (The
Rosen Publishing Group, Inc., 2011).
274 See discussion accompanying supra note 269.
275 See Hughes, supra note 87.