The Ethical Problems Surrounding Cloning Technology

Course title: Issues in Applied Ethics

Date: April 2006

Introduction

Cloning technology was one of the breakthroughs in genetics and reproduction biology in the last century. It ignited debate as well. Some voices went straight to prohibit this research. The safety issues were being questioned. Some fears were about human dignity. The latest controversies were about the South Korean biomedical scientist Hwang Woo-Suk. He reported that he created human embryonic stem cells. Indeed, it was a fraudulent claim. He was dismissed from Seoul National University last month.

In this essay, I outline several main ethical problems surrounding this issue. I also attempt to enquire the permissibility of this technology.

Here is the flow of this essay. First, I will give a brief description of cloning. Then, a central argument behind the debate, acting naturally or unnaturally, will be discussed. The Principle of Agency will be introduced in this section. Afterwards, I will turn to look at the purpose of cloning and suggest that if cloning is beneficial, it is permissible to act even if it may be unnatural. Next, I will stress some concerns about human cloning. They are personhood and uniqueness, genetic diversity and the misuse of cloning technology. Last but not least, animal cloning will be mentioned.

What is cloning?

In order to avoid confusion, it is essential to describe what I mean by cloning. Cloning may have different meaning in different context. Basically, "the asexual reproduction of plants, the budding of yeast in beer, the formation of identical twins and the multiplication of cells to repair damaged tissue in the normal process of healing" can be regarded as cloning. Also, "cloning techniques in plants have been in widespread use for centuries in gardening and crop development" (House of Representatives Standing Committee on Legal and Constitutional Affairs, 2001, p.18). However, they are not the concern of this essay. I rather focus on cloning through artificial technologies. House of Representatives Standing Committee on Legal and Constitutional Affairs state that DNA, cells, tissues, organs and even the whole individuals can be cloned. It is worthwhile to note, "cloning does not necessarily mean the replication of an entire individual" (2001, p.18).

There are two major cloning technologies: somatic cell nuclear transfer, and the isolation and characterization of human embryonic stem cells. To demonstrate somatic cell nuclear transfer, consider the Dolly experiment. Dolly the sheep was the first successful cloned mammal. In the experiment, a somatic adult cell was fused, by an electric pulse, with a nucleus-removed egg. The fused cells formed an embryo. The embryo is then transferred to the uterus of another sheep. Dolly the sheep was born after a normal pregnancy. She was the only sheep born after 277 attempts and the failures "resulted in abnormal placentas and fetuses and other complications during pregnancy or at birth" (2001, p.19-20). The second technique is embryonic cloning. An early pre-implantation embryo is taken. The embryo can be separated and each part will grow into genetically identical fetuses. Consequently, more embryos can be obtained for later use (Holland, 2003, p.192).

Natural VS unnatural

Some people hold the view that "it is ethically unacceptable to alter a species genetically." On the other hand, as Wilmut points out, we are using this technology widely (1998, internet). This is indeed the argument over nature. Some people maintain that artificial manipulation of genes is unacceptable, while the others do not. In this section, I will discuss this problem in general.

Holland presents the argument from nature and rejects it. Take homosexuality as an example. It is attacked as "unnatural" and Holland defends by saying "it's an expression of some people's natural (in the sense of being bestowed rather than chosen) sexual preference." Moreover, what is natural may not be good. Holland further questions that if the natural is defined as opposite of human artifice and manipulation, then isn't everything unnatural? For example, it is unnatural to put up an umbrella because we interfere the natural tendency of rain (2003, p.152-153). Holland's argument seems convincing. He gives examples on how is natural bad and how does human being acts unnaturally. But then, the opposite side may also give examples on how is natural good and how do we act naturally. What is natural is sometimes good and sometimes bad. Hence, the argument from nature should not be overthrown universally yet. It is crucial to look at particular situation.

Rachels proposes the Principle of Agency:

If it would be good for a particular state of affairs to occur "naturally", without being brought about by human action, then it is permissible to act to bring it about (1998, p.154).


This sounds plausible. According to Rachels, a challenge to this principle is that it is a consequentialist principle and consequentialism is controversial. So Rachels goes on to explore the problem. A central argument is about intentions. There are two views of intentions: the direct effect view and the indirect effect view. In the former view, the same act may be right when done with one intention; and may be wrong when done with another intention. In the latter view, "actions done with different intentions are different actions." So, the morality of the action depends on intentions. Rachels claims that if you found trouble with the direct view, you would simply replace "to act so" by "to act with intention" in the principle. He then moves on to talk about rights. He states that there is no conflict between the Principle of Agency and rights. It is unlikely that we violate anyone's rights by acting to bring about the good (1998, p.154-160).

The Principle of Agency is convincing. It is permissible to act if the intention is good. This is equivalent to good intention is a sufficient condition to act. Consider taking medicine as an example. If one is sick, one will probably take medicine. Taking medicine is unnatural because it attacks the nature that one is sick. But he takes medicine because he wants to overcome the sickness and this is good for his health. Thus, acting unnaturally should not be forbidden. We should ask what is the purpose of the action instead. This leads to the next question: what is the purpose of cloning?

What for?

By analyzing Stephen Holland and James Rachels' arguments, we have seen the discourse upon natural and unnatural. Applying to the case of cloning, whether or not artificial manipulation of genes is acceptable depends on the purpose. The crucial question is: why do we need cloning?

John Harris describes several potential applications. I will outline them as follows. First, cell nuclear replacement (CNR) can be applied to cell therapy. The key is that "embryonic stem cell (ESC) have the capacity to differentiate in all human tissues (except for extra-embryonic)," that is to say, any damaged or fault part of our bodies can be repaired or rebuilt with the help of ESC. Also, there won't be shortage of tissues and immunological rejection anymore. Second, compatible organs can be created. This solves the problem of shortage of organs. The third one is about the treatment of mitochondrial disease (2004, p.6-8). These applications are permissible, given that it significantly benefits human beings.

Harris gives the fourth application that an embryo can be cloned or created for the purposed of research (2004, p.9). This is often controversial. Should we consider an embryo as a human being? Or we may put it like this: does the early embryo have moral status? Some authors refuse creating embryos for research (for example, see Holland, 2003; Keenan, 2001, p.67). While the others find it permissible. For instance, Campbell premises uses of embryos as research resources, but ethical justification should be taken into account (2001, p.47).

It is worthwhile to discuss why using an early embryo in research is permissible. Peter Singer states that if we reject medical advances because they are unnatural, then we have to reject the modern medicine entirely (2001c, p.536). This is similar to the point I made in the last section. Singer then attempts to answer the question. When does an embryo acquire rights? He proposes that we cannot harm the embryo until it has the capacity to feel pain. The embryo has the potential to become a person. But before the embryo turns to a sentient being, it has not been harmed even if we damage it. Controls should be taken into consideration only when the embryo is capable of feeling. Singer argues that an embryo can be used for research before "it has formed a brain and a nervous system" (2001c, p.539-540).

Another challenge is that the embryo has potential to become a human, so it is morally significant. Harris opposes this view. He claims that an embryo does matters when it had undergone changes. The following example is given. All human beings are potentially dead, but we do not treat anyone as dead beings. Furthermore, the egg and the sperm have potential to become an embryo, and that an embryo has potential to become a human. If we had to regard everything, which has potential to become a human being, morally significant, then we would be exhausted. Even if we assume that only the fertilized egg has potential to become a human, it is not so morally important (1998, p.50-52). Overall, if medical advances are beneficial to human beings, it is permissible to create and use early embryos in research. As Harris states, embryo research improves in vitro fertilization. More importantly, it helps to save lives (1998, p.59-60).

So far, I have discussed the concern that cloning is unnatural and suggested that it may be resolved by considering the purpose of cloning. If it has positive benefit, it is permissible to act unnaturally.

Concerns and worries about human cloning

This section discusses several concerns and worries about cloning. They are personhood and uniqueness, genetic diversity and the misuse of cloning technology.

It is claimed that cloning may lead to loss of personhood. Does it really matter? Technically, the cloned person is genetically identical to the person being cloned. That is it. Like twins, cloning will not produce identical person (Gillon, 2001, p.190; Harris, 2004, p.45-46). What makes a person unique? Genes, consciousness, memory, mental features and the body may be taken into account. But the gene itself does not matter, given that the cloned person and the person being cloned are two individuals. Growing up in different environment probably makes different persons. How a person thinks depends on what he already knows. It can be shown that prior knowledge affects perception and learning greatly. Personhood is far from being affected by genetic identity even at the beginning stage. Therefore, the cloned person does not violate the rights of anyone, nor can he cause others to lose their personhood.

Genetic diversity is another concern. Evolutionary biology tells us that genetic diversity is good to protect human beings from diseases. It is argued that cloning limits this genetic progress. This critic assumes that cloning will be a mass production. This is unrealistic (Brock, 2001, p.112; Harris, 2004, p.50; Pence, 2004, p.82-83). There is a general worry that if human beings took control of something, the consequences would possibly be bad. Rachels illustrate this worry with the following examples. "If euthanasia is permitted, we will end up killing the inhabitants of retirement homes; or if cloning is permitted, there will be rooms of artificially-created people silently growing spare parts." People tend to feel that the only way to prevent bad consequence is prohibiting the whole action. Rachels comments that it is slippery slope and the worries are less fundamental issues (1998, p.154-156). Nonetheless, have we underestimated this problem? Imagine millions of Albert Einstein or Adolf Hitler are hanging around. To prevent this, something has to be done.

If technology improves human life, it should not be banned. Of course, cloning technology has both advantages and disadvantages. The point is, how do people use it? As Mary Warnock puts it, "control should not be over research, but over the uses of research" (2001, p.233). The concerns mentioned above focus on the misuse of cloning technology. After the birth of Dolly the sheep is announced in Nature, the public worries about human cloning. Warnock insists "to legislate in such circumstances, in response to popular feeling, is almost always a mistake." Meanwhile, scientists are not absolutely free to do whatever they want. Also, the parliament and general public are ignorant of scientific research. So scientists should report the facts and probabilities to the public. Then judgment is made. Although legislation may not be necessary, regulation should be imposed. Scientists, practicing doctors, lawyers, philosophers and level-headed persons form a committee of inquiry. They should also seek public opinions before making moral judgments. The most important is "anonymous departmental civil servants – even if, as one hopes, they are strictly impartial and not under pressure from their ministers - cannot take on the educative role that is necessary in such cases" (2001, p.234-236).

Animal cloning

In the last section I focused on human cloning. Now I turn to discuss animal cloning.

How should humans treat animals? First, as Peter Singer states, "the principle of the equality of human beings is not a description of an alleged actual equality among humans: it is a prescription of how we should treat human beings" (2001a, p.275). He also fights for animals. He suggests that moral principles should be extended to animals (2001a, 2001b). It sounds reasonable to treat human beings and animals fairly. But what if human rights and animals right conflict with each other? I urge that there is a priority. Human beings are more important than non-human animals. I am not allowing anyone to cut a mouse's leg off and make it run for the purpose of his enjoyment. The point is, when two rights conflict, decision has to be made.

Now return to the question that when is animal cloning permissible? Or generally, can researches on animals be justifiable? We may, as Peter Singer advises, treat the animal as a brain-damaged human being (2001a, p.279). The basis is, if certain experiment on humans is allowed and human rights are not violated, then the experiment on nonhumans is also allowed.

Conclusion

My claim in this essay is that cloning can be ethically permissible under certain circumstances and such technology needs not to be banned. The crucial point is that if cloning is beneficial to human being, it is permissible. Particularly, say, embryo researches are allowed because they help to advance medicine. Pain and suffering of any sentient being should be prevented.



Bibliography

Brock, D.W. (2001) Cloning Human Beings: An Assessment of the Ethical Issues Pro and Con. In Lauritzen, P. (ed.) Cloning and the Future of Human Embryo Research. New York: Oxford University Press.

Campbell, C.S. (2001) Source or Resource? Human Embryo Research as an Ethical Issue. In Lauritzen, P. (ed.) Cloning and the Future of Human Embryo Research. New York: Oxford University Press..

Gillon, R. (2001) Human Reproductive Cloning: A Look at the Arguments against It and a Rejection of Most of Them. In Klotzko, A.J. (ed.) The Cloning Sourcebook. New York: Oxford University Press.

Harris, J. (1998) Clones, Genes, and Immortality: Ethics and the Genetic Revolution. New York: Oxford University Press.

Harris, J. (2004) On Cloning. New York: Routledge.

Holland, S. (2003) Bioethics: A Philosophical Introduction. Cambridge, U.K.: Polity Press.

House of Representatives Standing Committee on Legal and Constitutional Affairs. (2001) Human cloning: scientific, ethical and regulatory aspects of human cloning and stem cell research. Canberra: The Parliament of the Commonwealth of Australia.

Keenan, J. (2001) Casuistry, Virtue, and the Slippery Slope: Major Problems with Producing Human Embryonic Life for Research Purposes. In Lauritzen, P. (ed.) Cloning and the Future of Human Embryo Research. New York: Oxford University Press.

Pence, G.E. (2004) Cloning after Dolly: Who's Still Afraid? Lanham: Rowman & Littlefield Publishers, Inc.

Rachels, J. (1998) The Principle of Agency. Bioethics, Vol.12, No.2. Oxford: Blackwell Publishing.

Singer, P. (2001a) All Animals are Equal. In Mappes, T.A. and DeGrazia, D. (ed.) Biomedical Ethics. (5th ed.) New York: McGraw-Hill.

Singer, P. (2001b) Cloning Humans and Cloning Animals. In Klotzko, A.J. (ed.) The Cloning Sourcebook. New York: Oxford University Press.

Singer, P. (2001c) Creating Embryos. In Mappes, T.A. and DeGrazia, D. (ed.) Biomedical Ethics. (5th ed.) New York: McGraw-Hill.

Warnock, M. (2001) The Regulation of Technology. In Klotzko, A.J. (ed.) The Cloning Sourcebook. New York: Oxford University Press.

Wilmut, I. (1998) The Uses and Ethics of Cloning. Encyclopædia Britannica Online. Retrieved April 9, 2006, from http://www.search.eb.com/eb/article-9114102

Shiga on Modified Newtonian Dynamics

30/4/2006 - 星期日 Sunday

David Shiga reports in "the Long Arms of the Law" (New Scientist, 29 April 2006) that if the modified Newtonian dynamics (MOND) is correct, the established view of gravity and dark matter will be ruled out. In 1933, Fritz Zwicky introduced the term "dark matter," which describe unseen mass in galaxy clusters. Astronomers later showed that "galaxies are spinning too quickly to hold themselves together unless they are full of dark matter." Mordehai Milgrom published the MOND (in 1983) but it doesn't fit with Einstein's relativity. Jacob Bekenstein's version of MOND (2004) is consistent with relativity and "able to make surprising predictions about the evolution of the universe." As David Shiga states, "the only thing that could rule out MOND in the near future would be direct detection of dark matter."

Euthanasia (安樂死)

30/4/2006 - 星期日 Sunday

Rachels feels like it is "more humane" to kill rather than letting die. Foot claims that it's not the matter of what is "more humane." She thinks that if the patient doesn't want to die, no one should practice active euthanasia on him. In the sense, passive euthanasia may also be ruled out. "But as things are we cannot make assumption; we simply do not know what most people would want, or would have wanted, us to do unless they tell us." We may not presume one wish to be killed. She concludes that 1. nonvoluntary active euthanasia is never justified, 2. "nonvoluntary passive euthanasia, voluntary active euthanasia, and voluntary passive euthanasia are sometimes compatible with both justice and charity."

25/4/2006 - 星期二 Tuesday

Summaries or comments:

- James Rachels, "Active and Passive Euthanasia" (The New England Journal of Medicine 292 (1975): 78-80): People generally accept to withhold a treatment (letting die) but not taking action to "kill" the patient. Rachels argues that, if the patient is going to die, withholding the treatment indeed makes him suffers longer, hence active euthanasia is preferable to the passive one. Killing is not worse than letting die.

- Philippa Foot, "Euthanasia" (Philosophy and Public Affairs, Vol.6, No.2 (Winter, 1977), 85-112): She addresses the question that "most people's lives contain evils such as grief or pain, but we do not therefore think that death would be a blessing to them. On the contrary life is generally supposed to be a good even for someone who is unusually unhappy or frustrated. How is it that one can ever wish for death for the sake of the one who is to die?" Also, "when life is said to be a benefit or a good, on what grounds is the assertion made?"

To be continued.

Poor Giggs

24/4/2006 - 星期一 Monday

Andriy Shevchenko and Harry Kewell will go to Germany this summer. Poor Giggs: http://jumbo.no-ip.org/jumbo33/jumbotak/reebok.wmv

Jap-like Korean Restaurant

24/4/2006 - 星期一 Monday

I had dinner in a Japanese-like Korean restaurant. There was a marquee showing xxx mid-term exam questions. History, blah blah. Economic, balabala. Can you believe it?! Then Christopher made fun with it. He said maybe people can advertise the company by sponsoring the exam paper someday. So, the front page of exam paper writes: this exam paper is proudly brought you by......

The Soon tofu soup was great.

16/4/2006 - 星期日 Sunday

Watched Ice Age: The Meltdown.

Abortion (墮胎)

16/4/2006 - 星期日 Sunday


James Franklin: Peter Singer...... started an enormous number of ethical courses all over the world, is I guess most famous for his view what killing new-born babies is perfectly all right if they're for example not wanted, and he doesn't mean disabled ones either, he says that there is no right to life or anything like that of a new-born baby.
Stephen Crittenden: But animals on the other hand.
James Franklin: Animals, well they can have as much right. He doesn't like using the word "right" exactly, but their suffering counts as much as a baby's suffering if they've got so to speak, more of it.

Singer's argument is based on the capacity to feel pain. He thinks that it is OK to kill the new-born babies if (1) the baby isn't capable of pain, and (2) the baby is unwanted for some other reasons. I guess the opponent is often misled. "Singer's opponents sometimes describe his ethics as Nazi-like—a label he regards as both inaccurate and ironic" (Singer - a Dangerous Mind - Study Guide pdf).

15/4/2006 - 星期六 Saturday

In his recent article "Can Fetuses Feel Pain?" (British Medical Journal, Apr 2006; 332: 909 - 912), Stuart W G Derbyshire argues that fetuses cannot experience pain. It takes 26 weeks' gestation for a neuroanatomical system for pain to be completed. Such system is necessary but not sufficient for pain experience. Pain experience requires development of both brain and mind. Fetuses inside the womb have no development of mind. Thus, fetuses cannot experience pain.

14/4/2006 - 星期五 Friday

Let me start with the case of rape. If a human come into existence because of rape, does it imply that he has less right to live? I don't think so. I tend to agree that every human being has same right. Thomas Jefferson says in his "Letter to Henry Gregoire" (February 25, 1809) that "...but whatever be their degree of talent it is no measure of their rights. Because Sir Issac Newton was superior to others in understanding, he was not therefore lord of the property or persons of others." Also, as Peter Singer states, "the principle of the equality of human beings is not a description of an alleged actual equality among humans: it is a prescription of how we should treat human beings" ("All Animals are Equal").

This enforces me to suggest that the child and the mother have same right to live. The next question will be, if only one of them can survive, how to chose? and who can make the decision? And, do we consider the fetus as a person? What about responsibility and autonomy?

Here are some summaries or comments on the essays I have read.

- Pope John Paul II, "the Unspeakable Crime of Abortion" (March 25, 1995): He considers abortion as direct killing, or murder, of an innocent. It sounds indecent to disagree. No deep discussion about how to define a person, maybe he thinks it is pointless to distinguish the fetus from a person. Also, no consideration has been taken to mother's sufferings.

- Don Marquis, "Why Abortion is Immoral" (Journal of Philosophy, Vol.86, 1989): His objection is based on the deprived life of the fetus, which I find unconvincing.

- Mary Anne Warren, "On the Moral and Legal Status of Abortion": She argues that the fetus is not human in the moral sense. She also claims that a potential may not has right to live.

- Judith Jarvis Thomson, "a Defense of Abortion" (Philosophy and Public Affairs, Vol.1 No.1, Autumn, 1971, p.47-66): The violinist example given is not a good analogy, because it omitted the relationship between mother and child.

- Catriona Mackenzie, "Abortion and Embodiment" (Australasian Journal of Philosophy, 70 (2), June, 1992, p.136-155): She defends abortion with feminist perspective. Fair enough.

- Daniel Callahan, "Abortion Decisions: Personal Morality" (1970): He puts it clear that woman inclines to against abortion. Taking her duties to herself, family and society factors into consideration, abortion may be acceptable.

Pasta Sauce

13/4/2006 - 星期四 Thursday

I bought five bottles of pasta sauce, HK$10.74 each! It's the cheapest price I have ever seen! Two bottles of spicy peepers, two bottles of roasted tomato and one bottle of cheesy tomato. Yummy!

同性戀

9/4/2006 - 星期日 Sunday

我沒有懷疑自己是同性戀者。真的。

8/4/2006 - 星期六 Saturday

兩類人不會懷疑自己是同性戀:一,已確定自己是異性戀者;二,已確定自己是同性戀者。

石琪談鄭中基

8/4/2006 - 星期六 Saturday

石琪:「他﹝鄭中基﹞確有阿Q型喜劇感,奇在正當觀眾口味走向精裝之際,他經常邋遢麻甩傻懵,卻能爆冷走紅,似乎顯出「港燦」模式比求新求精吃。在陳嘉上、林超賢合導的新片《至尊無賴》,鄭中基扮得特別邋遢傻懵,反智胡鬧,雖然有時引起觀眾笑聲,整體卻無聊幼稚。」

港片 bad jokes 多,humour 少。

歷來最成功的小說?

8/4/2006 - 星期六 Saturday

今日《明報》:「《達文西密碼》是歷來最成功的小說。」Well,怎麼定義成功?銷量?Don't be silly!

The Solvay Conference 1927

7/4/2006 - 星期五 Friday

The Solvay Conference, held in Belgium, 1927.

Einstein was struggled with Heisenberg's uncertainty principle that "the more precisely the position is determined, the less precisely the momentum is known in this instant, and vice versa."

"God does not play dice," Einstein said.

"Einstein, stop telling God what to do," replied Bohr.

Cloning and Modifying Genes (複製與基因改造)

3/4/2006 - 星期一 Monday

James Rachels argues in "the Principle of Agency" (Bioethics, Vol.12, No.2, 1998, p.150-16) that if a state of affairs occur naturally good, then it is acceptable for us to make it happen. By reasons of analogy, he analyzes with the case of euthanasia, in vitro fertilization, preventive genetic selection and cloning. For example, if it is OK to have twins naturally, why can't we use cloning techniques to make it happen? One crucial argument is about intentions. A challenge is: even if the existence of a state of affairs is a good thing, our intention possibly make it wrong to do so. The indirect effect view ("actions done with different intentions are different actions...... what the act is depends on the intention, the morality depends on the intention.") are less debatable. Assuming the direct effect view ("the same act may be done with different intentions, and an act that is right when done with one intention may be wrong when done with a different intention.") is true, Rachels claims that the argument is just a modification of the Principle of Agency.

In his "Liberal Eugenics" (Public Affairs Quarterly, Vol.12, No.12, April, 1998, p.137-155) Nicholas Agar draw a distinction between "improving people by modifying their environments and improving them by modifying their genes." For liberals, there is no moral difference. "Traits of individuals result from the complex interaction of genes and environment." A clone of P would not be copy of P.