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:: Volume 4, Issue 4 (Health Law Journal 2026) ::
HLJ 2026, 4(4): 1-12 Back to browse issues page
The Legal Essence of a Cyborg and the Feasibility of Its Having a Distinct Legal Personality
Smaeil Keshavarz Safiyi *1 , Mahmoud Abbasi2
1- Department of Law, Faculty of Humanities, Islamic Azad University, Qazvin, Iran.
2- Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran.
Abstract:   (38 Views)
Background and Aim: The process of physical integration of humans and technology is increasing through the use of implants, prostheses, and chips, and the transformation into cyborgs. This increasing process is paving the way for humans to transition to the posthuman era. The functional differences between cyborgs and ordinary humans make it more and more evident that special regulations should be developed regarding the rights and responsibilities arising from cyborgization. The prerequisite for the first legal design of the rights and responsibilities of cyborgs is the recognition of their distinct legal personality. In this research, we will seek to identify the legal nature of cyborgs and assess the feasibility of their having legal personality.
Methods: The research is a review and descriptive-analytical method. The required sources and data were collected through library methods and by referring to international websites and databases such as Academia, Researchgate, PhilPapers, Springer, SSRN, and mainly from books and articles from 2009-25.
Ethical Considerations: This research was conducted in full compliance with all ethical considerations regarding confidentiality, honesty, and originality of the texts.
Results: The integration of technological artifacts (such as implants, prostheses, and chips) into human body parts has paved the way for the emergence of a new entity called cyborg Due to their significant physical or mental differences from normal humans, they acquire a different and distinct legal personality from normal humans by going beyond the previously established and traditional boundaries and dualisms. In the era of posthumanism and the expansion of cyberspace, the legal personality of cyborgs is not fixed and static, unlike the legal personality of normal humans, but rather fluid and dynamic, due to its continuous dynamism and constant transformation.
Conclusion: In the era of posthumanism, new technologies, artificial intelligence, and the process of human cyborgization, cyborgs are identified and distinguished from ordinary humans. In such a way that legal systems must recognize a distinct legal personality for all types of physical and mental cyborgs. The legal personality of a cyborg (both physical and mental cyborgs) is not compatible with the traditional, static, and unified structure of the legal personality of a normal human. Accordingly, it does not respond to the dynamic and fluid personality of a cyborg that is beyond the boundaries and traditional established dualisms (such as the mind/body duality, the human/object duality). These dynamic beings In addition to the real space, they are also in the diverse and pluralistic online, digital, and virtual environments of the new era. Accordingly, as individuals' physical, cultural, and social identities move toward pluralism, fragmentation, and continuous change, the cyborg legal personality must also adapt to this new structure and move toward a dynamic and floating identity and legal personality in the real and virtual space.
Keywords: Cyborg, Legal Personality, Posthumanism, Hybridization, Dynamic
Full-Text [PDF 659 kb]   (11 Downloads)    
Type of Study: Original Article |
Received: 2025/09/9 | Accepted: 2026/04/21 | Published: 2026/07/23
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Keshavarz Safiyi S, Abbasi M. The Legal Essence of a Cyborg and the Feasibility of Its Having a Distinct Legal Personality. HLJ 2026; 4 (4) :1-12
URL: http://healthlawjournal.ir/article-1-142-en.html


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Volume 4, Issue 4 (Health Law Journal 2026) Back to browse issues page
مجله حقوق سلامت Health Law Journal
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