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Lori B. Andrews, JD
Institute for Science, Law & Technology |
Science fiction writers create spell-binding stories
about the human future by predicting events based on scientific
and political trends. But now artists, too, are finding inspiration
in the sciences. A prestigious art journal, Art Press,
pointed out, "genetic manipulation, cloning, GMO -- these are
some of the new words and realities to have become part of our
everyday life and the life of art." Some of the new life sciences
art is representational -- using paints, prints, sculpture, photography
as its media. Other art uses biological phenomenon -- human tissue,
the results of DNA tests, and so forth -- as artistic media.
Recently, I've begun to explore ways to bring the
works of artists and novelists directly into the policy-making
process. There are three reasons I think such an effort might
be fruitful. First, policymakers themselves refer to novels when
they contemplate how the law should develop. When President Bush
addressed the nation about embryo stem cells, he referenced Aldous
Huxley's Brave New World. When legislators hold hearings
on surrogate motherhood, they sometimes refer to Margaret Atwood's
A Handmaid's Tale. People concerned that information about
their genetic makeup might be used by employers or insurers to
discriminate against them refer to the movie Gattaca in
describing their concerns. Novels -- and works of art -- surface
social tensions about the technologies and reveal cultural values
that should be considered when formulating laws.
The arts also help initiate social discussions
about important policy issues in ways that the related science
or technology may not. I was intrigued during the United Nations
debate on whether human cloning should be banned, when the delegate
from Brazil gave his reasons for supporting a ban. He said Brazil
had already had a widespread social discussion about cloning because
of the television drama series, "El Clon." The series lasted for
months, included references to actual would-be cloners such as
Dr. Severino Antinori, and explored legal issues such as whether
it would be considered bigamy to marry your wife's clone.
Third, the arts can bring a fresh approach to the
policy debates about biotechnologies both at the micro and macro
levels. Novels can particularly address the impact of genetic
and reproductive technologies on an individualęs self-concept,
relationships, and place in society. Yet the arts can also focus
attention to potential longer range social impacts of biotechnologies
on families, communities, society, and the social order. The need
for a large framework for regulating biotechnology was raised
by Robert Blank, in his book Regulating Reproduction, where
he noted that "by concentrating on one or several applications,
the cumulative impact of reproductive and genetic technologies
is obscured." Blank observes that a "fragmented policy-making
process and its tendency to focus on immediate, conspicuous problems
has led to a failure to provide systematic, comprehensive assessment
of the technologies or their implications for society."
When scientific procedures or technologies are
presented to society, many individuals and groups who have not
been scientifically trained feel disenfranchised from any debate
about the desirability or proper regulation of those developments.
Discussion is also stifled by the long-standing division in America
between pro-life and pro-choice advocates. This split has stymied
the development of appropriate regulations for the infertility
industry, for example.
Moreover, when discussed in the medical context,
the biotechnologies are hyped in a way that promises a medical
benefit and the hope of a cure runs roughshod over the discussion
of any other social value, making the adoption of appropriate
regulations virtually impossible. Researchers convince patients
that their salvation lays just around the corner in the next genetic
development. Within two weeks after Ian Wilmut and Keith Campbell
announced that they had cloned a mammal, and before any research
had been done to show any therapeutic benefits resulting from
human cloning technologies, a cancer patient was telling reporters
that President Clinton's moratorium on federal funding for human
cloning research was preventing him from getting the one treatment
that could save his life. A lawyer was arguing that, if couples
were not allowed to clone their dead child, their fundamental
right to make reproductive decisions would be violated.
The arts provide a setting in which a wider audience
can begin to understand, evaluate, and explore the ramifications
of biotechnologies. A painting of a chimera that crosses a human
and an animal can facilitate discussion of the issue long before
such a creature has been created in reality.
Beyond the aesthetic value of their work, artists
and novelists whose work is influenced by the biological sciences
can help society to:
- confront the social implications of its biological
choices,
- understand the limitations of the much hyped
biotechnologies,
- develop policies to obtain the benefits of biotechnologies
without undue risk, and
- confront larger issues of the role of science
and the role of the arts in our society.
Because many novels, movies, and works of
art provide a way to foster discussion about biotechnology and
the human future, we've decided to include examples of biotechnologies
and the arts on all of our topic areas. Enjoy, contemplate,
and get active on the issues these novels, movies, and works of
art raise.
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| General Commentaries |
The Sanctity of Life in a Brave New World
A Manifesto on Biotechnology and Human Dignity
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Lori B. Andrews
How Art Challenges Us to Consider the Human Life
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Brent Blackwelder
Cloning, Germline Engineering, Designer Babies, And The Human Future
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Nigel M. de S. Cameron
An Idea Whose Time has Come
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| Genetic Discrimination |
George J. Annas
Genism, Racism, and the Prospect of Genetic Genocide
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| Germline Intervention |
Stuart A. Newman
Averting the Clone Age: Prospects and Perils of Human Developmental Manipulation
19 J. Contemp. Health L. & Pol'y 431 (2003).
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| Gene Patents |
Jordan Paradise
European Opposition to Exclusive Control Over Predictive Breast Cancer Testing and the Inherent Implications for U.S. Patent Law and Public Policy: A Case Study of the Myriad Genetics’ BRCA Patent Controversy
59 Food and Drug Law Journal 133-154 (2004)
(With permission from FDLI)
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Byron Sherwin
Patents and Patients: Human Gene Patenting and Jewish Legal Ethics
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| Nanotechnology |
M. Ellen Mitchell
Human Dimensions in Technological Advances
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| Human Cloning |
Nigel M. de S. Cameron and Jennifer Lahl
California's Bizarre Cloning Proposition
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Rosario Isasi
Cloning in the Developing World
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Henk Jochemsen
Cloning prohibitions in Europe
as presented at Toward a Concensus on Cloning, Washington, D.C., July 9, 2004
(Adobe pdf file)
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David Prentice
The Cloning Debate at the United Nations
as presented at Toward a Concensus on Cloning, Washington, D.C., July 9, 2004
(Adobe pdf file)
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