The genetic foundation of human nature and the legal approach. Some philosophical–legal concerns

Abstract

Since it has become possible to “read the book of life”, different approaches to the universe, revealed by genetic scientific advances, have come into being. On the one hand, the Human Genome Project (HGP) has opened the medical field to new treatments – or at least to the hope of new therapies – through, for instance, gene therapy. On the other hand, developments in genetics have allowed reductionism or genetic essentialism to make its way into the public and institutional perception of genetic advances. This paper will argue that the essentialist approach to genetics is inspired by the constant craving of humans to find, once and for all, those features and determinants that constitute identity: the human nature. I will argue against this trend by testing a particular field in which the concept of human nature could be the source of discrimination and inequalities, that being genetic human nature based law.