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Pygmalion’s Digital Dream: An Outline of Philosophical and Legal Issues of Human Digital Twins on the Example of Medical Applications

Dr hab. Tomasz Widłak, prof. UG

University of Gdańsk

English abstract: The aim of the article is to present a synthesis of the technological and social framework of the new, disruptive technology of human digital twins (HDT) and to outline the most important philosophical and legal issues related to it. The latter include ontological and phenomenological aspects in relation to the problem of legal personality and the status of HDT. Due to the universality of the technology and the breadth of issues related to it, the scope of the discussion was limited to examples of the use of technology in health care and medicine. The article presents the possibilities and threats of using HDTs in this area. Selected, most important examples of potential ethical and legal problems posing a challenge to future and current regulations in areas such as privacy and data protection, data quality and ownership, and patient autonomy were also analyzed. The conclusions of the article, point that the changes resulting from this disruptive technology go beyond purely practical aspects and touch the philosophical foundations of the legal order. HDT technology itself, at its early stage of development, does not clearly determine the direction of evolution of legal humanism paradigm towards inclusive posthumanism or technological transhumanism. The need to consider the phenomenological perspective of the HDT experience was emphasized. It may become the most important factor determining possible conceptual changes in law and jurisprudence. In addition to the discussion, the article provides an extensive review of the existing computer science literature on HDT. There have been no studies on the issue of HDT from the perspective of jurisprudence in the legal literature so far.

Key words: Human digital twin, personalized medicine, artificial intelligence, new technology law, medical law, transhumanism, digital clone.

Language: Polish.

Published: no. 1(42)/2025, pp. 93-111.

DOI: https://doi.org/10.36280/AFPiFS.2024.4.93

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Number of downloads: 30

This text is licensed under a Creative Commons Attribution 4.0 International License.

Filed Under: Articles Tagged With: artificial intelligence, digital clone, Human digital twin, medical law, new technology law, personalized medicine, transhumanism

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Keywords

ethics of never again legal ethics legal awareness Tomasz Pietrzykowski common law legal positivism moral law and conventional social facts sources of law patient's rights linguistic corpora interpretation methodologically creative jurisprudence abduction in fact finding Paulina Konca principle of lex mitior retro agit scholarly interpretation human dignity exercise of power intertemporal decision collaborative law Scott J. Shapiro Maciej Dybowski terrorist attack ritual freedom of assembly autonomy human rights theory of state and law legal interpretation Oxford philosophers digital clone legal requirement of evaluating thick properties Roscoe Pound CEENJ rule of law limits of juristic power concepts of criminal law individual guilt the principles of community co-existence judicial election animals realisation of Law Józef Nowacki realistic utopia metaphysical laws idealism historicity of understanding qualitative content analysis

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