Epigenetics as a New Challenge in the Legal Field

• Published in: Danube (Brno) Vol. 14; no. 4; pp. 273 - 286
• Main Author: Pečarič, Mirko
• Format: Journal Article
• Language: English
• Published: Sciendo 01.12.2023
• Subjects: DNA; Epigenetics; Epinomoetics; Law; Personalised Justice Transgenerational Justice; Personalised Medicine; Textualism
• ISSN: 1804-8285; 1804-8285
• DOI: 10.2478/danb-2023-0016

The discovery of epigenetics as hidden external influences on genes could in the future affect all aspects of our lives. This includes also legal life, both in terms of its different application or enforcement of liability and the understanding of law itself. Epigenetics is a path towards personalised medicine, and with this to personalised and transgenerational justice. The aim of this paper is – based on the literature review and the critical evaluation of the material – to present epigenetics as a new legal perspective that allows a more personal perspective on issues of individual and transgenerational justice which brings to the fore intergenerational solidarity. The result of this is the increased awareness of the importance of changes in genetic profiles that can affect a person’s actions and thoughts, which can affect the way cases are handled. As epigenetics is focused on actual rather than chronological age, new discoveries on rejuvenation give us a new basis for a different interpretation and application of legal provisions. If the law changes during use and its violation (as proteins patch the DNA chain), thereby lowering the rule of law, an epigenetic view of the rejuvenation or reprogramming, resetting, and restarting of the DNA backup may offer a new-old, i.e. always baseline, perspective on the understanding of law.