Many people think human reproductive cloning should be a crime. In America some states have already outlawed cloning and Congress is working to enact a national ban. Meanwhile, scientific research ...continues, both in America and abroad and soon reproductive cloning may become possible. If that happens, cloning cannot be stopped. Infertile couples and others will choose to have babies through cloning, even if they have to break the law. This book explains that the most common objections to cloning are false or exaggerated. The objections reflect and inspire unjustified stereotypes about human clones and anti-cloning laws reinforce these stereotypes and stigmatize human clones as subhuman and unworthy of existence. This injures not only human clones, but also the egalitarianism upon which our society is based. Applying the same reasoning used to invalidate racial segregation, this book argues that anti-cloning laws violate the equal protection guarantee and are unconstitutional.
Human Cloning Macintosh, Kerry Lynn
10/2012, Letnik:
v.Series Number 21
eBook
Since Dolly the sheep was born, controversy has swirled around the technology of cloning. We recoil at the prospect of human copies, manufactured men and women, nefarious impersonators and ...resurrections of the dead. Such reactions have serious legal consequences: lawmakers have banned stem cell research along with the cloning of babies. But what if our minds have been playing tricks on us? What if everything we thought we knew about human cloning is rooted in intuition rather than fact? Human Cloning: Four Fallacies and their Legal Consequences is a rollicking ride through science, psychology and the law. Drawing on sources ranging from science fiction films to the Congressional Record, this book unmasks the role that psychological essentialism has played in bringing about cloning bans. It explains how hidden intuitions have caused conservatives and liberals to act contrary to their own most cherished ideals and values.
"Reproductive" cloning and "therapeutic" or "research" cloning are both deliberate attempts to create humans that are genetically identical. Human reproductive cloning in general is prohibited by a ...number of international and regional agreements, including the Charter of Fukushima, the Additional Protocol of the Council of Europe to the Convention on Human Rights and Biomedicine, the World Health Organization resolutions on the implications of cloning for human health, and the Universal Declaration on the Human Genome and Human Rights. However, there are some countries that want to explore therapeutic cloning and cannot, therefore, support a general ban on cloning. This paper aims to review the legal position of human cloning in the UK and France and further compares the issue between the two countries. the legal position of human cloning in the UK and France, it is clear that both countries were initially against the idea and concept of human cloning in general. Human cloning is a much-needed technology, especially in these modern times. Every day we encounter new diseases and illnesses, so human cloning is essential to help us be better prepared for the future.
This article will critically appraise the extent to which new developments in the fields of reproductive technology are shown to impact female bodily autonomy and reproductive choice in Eva Hoffman’s ...novel The Secret. The Secret pushes its readers towards the more pressing and urgent questions arising from ongoing developments within the field of NRT and human cloning in a neoliberal climate. The novel cautions that, ultimately, the individual right to reproductive choice is never completely free; an awareness of external influences and a consideration of possible repercussions is integral to responsible decision-making in the context of NRT and cloning. However, the novel moves towards a possible reconceptualization of NRTs as part of the evolutionary progress of humankind. In returning to the body and biopolitical figurations, this article sees the novel’s protagonist, Iris, and her emergent cyborg identity as a manifestation of Haraway’s monstrous cyborg replete with possibility.
The Declaration on Human Cloning was adopted at the 82nd United Nations plenary meeting on 8 March 2005. This Declaration crowned the efforts taken by France and Germany since 2001 to adopt a ...convention against the so-called reproductive human cloning. The negotiation was initially conceived as a bioethical debate that should have led to a general agreement to ban human cloning. However, more often, it took the form of a discussion on human rights, cultural, civil and religious differences among people, their interaction and the question of who or what has priority in case of potential conflicts among heterogeneous value systems. Neither the Declaration nor the negotiations gave any answers to these difficult questions, but they did allow superficial insight into the problems. They showed that international legislation falls into apories when professional argumentation does not prevail in conflicting attitudes, i.e. when political and other differences are in the middle of the dialogue. If one reads the Declaration carefully, it has an unexpected result since, because of its generality and attempts to establish a compromise between difficult-to-combine interests and definitions, it neither defines cloning of people nor prohibits it directly and unconditionally, including cloning for reproductive purposes. Finally, maybe it would have been better if the debate on the cloning controversies and subsequent comprehensive regulations were first left to scientists, philosophers and corresponding expert bodies and panels, who would explain the basic mechanisms of the cloning process and, more importantly, the bioethical implications of the process itself, because cloning is in intrinsic relation with a deliberate act and with the thinking of acting thinking, and only after the public had been fully informed about it, the relevant supranational institutions should deal with this problem.
Deklaracija o kloniranju ljudi usvojena je na 82. plenarnoj sjednici UN-a koja je održana 8. ožujka 2005. godine. Ovom Deklaracijom okrunjeni su napori koje su Francuska i Njemačka, počevši od 2001. godine, poduzele u pogledu donošenja konvencija protiv tzv. reproduktivnog kloniranja ljudi. Pregovori su prvobitno bili zamišljeni kao bioetička diskusija koja je trebala dovesti do općeg dogovora o zabrani kloniranja ljudi. Oni su, međutim, češće bili vođeni kao rasprava o ljudskim pravima, kulturnim, civilizacijskim i religijskim razlikama među ljudima, njihovoj interakciji i pitanju tko, odnosno što, ima prioritet prilikom potencijalnih konflikata heterogenih sistema vrijednosti. Ni Deklaracija kao ni pregovarački proces nisu doveli do odgovora na ova teška pitanja, ali su dali, makar i letimičan, uvid u probleme i pokazali da međunarodno zakonodavstvo zapada u aporije kada stručna argumentacija ne prevladava u konverzaciji, odnosno kada političke i druge distinkcije budu u središtu debate. Kada se pažljivo pročita, Deklaracija ima naizgled neočekivan ishod, budući da, zbog svoje općenitosti i pokušaja uspostavljanja kompromisa između teško spojivih interesa i odrednica, niti definira kloniranje ljudi niti ga direktno i bezuvjetno zabranjuje, uključujući i kloniranje u reproduktivne svrhe. Konačno, možda bi bilo bolje da su rasprava o kontroverzama u vezi kloniranja i kasnija eventualna regulativa najprije bili prepušteni znanstvenicima, filozofima i odgovarajućim stručnim tijelima i panelima, koji bi objasnili osnovne mehanizme procesa kloniranja i, što je važnije, bioetičke implikacije samog postupka jer je kloniranje u intrinzičnoj vezi s promišljenim djelovanjem i mišljenjem djelatnog mišljenja, a nakon što javnost o tome bude temeljito upoznata, tek tada su se ovim problemom trebale pozabaviti relevantne nadnacionalne institucije.
AbstractThis scholarly article delves into the multifaceted domains of human cloning, encompassing its biological underpinnings, ethical dimensions, and broader societal implications. The exposition ...commences with a succinct historical and contextual overview of human cloning, segueing into an in-depth exploration of its biological intri-cacies. Central to this biological scrutiny is a comprehensive analysis of somatic cell nuclear transfer (SCNT) and its assorted iterations. The accomplishments and discoveries in cloning technology, such as successful animal cloning operations and advances in the efficiency and viability of cloned embryos, are reviewed. Future improvements, such as reprogramming procedures and gene editing technology, are also discussed. The discourse extends to ethical quandaries intrinsic to human cloning, entailing an extensive contemplation of values such as human dignity, autonomy, and safety. Furthermore, the ramifications of human cloning on a societal plane are subjected to scrutiny, with a dedicated emphasis on ramifications encompassing personal identity, kinship connections, and the fundamental notion of maternity. Culminating the analysis is a reiteration of the imperative to develop and govern human cloning technology judiciously and conscientiously. Finally, it discusses several ethical and practical issues, such as safety concerns, the possibility of exploitation, and the erosion of human dignity, and emphasizes the significance of carefully considering these issues.
Technology law scholarship has a tendency towards the dramatic. Technology causes disruption. Law must catch-up; it must ensure potential benefits from technology and avoid potential harms. There are ...even concerns that law, as an organiser of human life, is itself becoming eclipsed by forms of technological management. What is often not focused on is the practical process through which concerns about technology become transmuted into legal forms within specific jurisdictions. This paper examines the 23 years of Australian law concerning embryos and human cloning. Inspired by Carl Schmitt's criticism of modernity's political institutions and the laws they produce, what is identified is a machine that runs itself. It is shown to be a highly automated process whereby technical experts manage competing values. Rather than law regulating technology or technology regulating law; the Australian study suggests that law and its making, is technological.
Technology law scholarship has a tendency towards the dramatic. Technology causes disruption. Law must catch-up; it must ensure potential benefits from technology and avoid potential harms. There are ...even concerns that law, as an organiser of human life, is itself becoming eclipsed by forms of technological management. What is often not focused on is the practical process through which concerns about technology become transmuted into legal forms within specific jurisdictions. This paper examines the 23 years of Australian law concerning embryos and human cloning. Inspired by Carl Schmitt's criticism of modernity's political institutions and the laws they produce, what is identified is a machine that runs itself. It is shown to be a highly automated process whereby technical experts manage competing values. Rather than law regulating technology or technology regulating law; the Australian study suggests that law and its making, is technological.
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