THIS VERSION DOES NOT CONTAIN PAGE NUMBERS. PLEASE CONSULT THE PRINT OR ONLINE DATABASE VERSIONS FOR PROPER CITATION INFORMATION. ARTICLE HUMANS AND HUMANS+: TECHNOLOGICAL ENHANCEMENT AND CRIMINAL RESPONSIBILITY1 SUSAN W. BRENNER2 I. INTRODUCTION [G]radually, the truth dawned on me: that Man had not remained one species . .3 It has been approximately 30,000 years since our species—Homo sapiens sapiens—shared the earth with another member of the genus Homo.4 I note 1 It was only after I decided to use Humans+ as part of the title for this article that I discovered the very similar device used by the transhumanist organization, Humanity+. See Mission, HUMANITY PLUS, http://humanityplus.org/about/mission/ (last visited Feb. 25, 2013). 2 NCR Distinguished Professor of Law & Technology, University of Dayton School of Law, Dayton, Ohio, USA. Email:
[email protected]. 3 H.G. WELLS, THE TIME MACHINE 59 (Frank D. McConnell ed. 1977). 4 See GRAHAM CONNAH, FORGOTTEN AFRICA: AN INTRODUCTION TO ITS ARCHAEOLOGY 7–16 (2004) (supporting emergence of genus Homo in Africa); CHRIS GOSDEN, PREHISTORY: A VERY SHORT INTRODUCTION xiv–xv, 39–42 (2003) (summarizing rise of Homo sapiens sapiens). “Taxonomy,” or “the study of classification,” involves the process of sorting plants and animals into categories, including species. STEPHEN JAY GOULD, EVER SINCE DARWIN: REFLECTIONS IN NATURAL HISTORY 231 (1977). The species Homo sapiens includes Homo sapiens sapiens (modern humans) as well as several “archaic” members of the species. See, e.g., William Howells, Getting Here: The Story of Human Evolution 122– 23 (Washington, DC: Compass Press 1993). See also R.A.