NEUROCIENCIAS Y ABORTO: REINTERPRETANDO EL CONCEPTO JURÍDICO DE PERSONA ...

The title of the present work is explained by two facts. The first one is that with the appearance of modern science, a system with dichotomic values was created - an esentially sexist and male-centered system that explains the current notions of life and death in the medical field. The second fact...

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Autor principal: Ciccia, Lucía
Formato: Artículo publishedVersion
Lenguaje:Español
Publicado: Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones 2018
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Acceso en línea:http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=juridica&cl=CL1&d=HWA_3875
https://repositoriouba.sisbi.uba.ar/gsdl/collect/juridica/index/assoc/HWA_3875.dir/3875.PDF
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Sumario:The title of the present work is explained by two facts. The first one is that with the appearance of modern science, a system with dichotomic values was created - an esentially sexist and male-centered system that explains the current notions of life and death in the medical field. The second fact is that the criteria used to determine clinical death focuses on the ceasing of brain activity. Both facts assume that the normative fundaments of the legal concept of "person" are to be legitimized by biologic descriptions, which are seen and interpreted as objective, neutral and universal. We intend to reinterpret the concepts of life and death through a feminist epistemological perspective. Extrapolating such concepts to the clinical field, we will propose a notion of clinic life through which it will become evident that, in "brain-centered" terms, the legal person does not exist until the 26th week of gestation.