Genetics And The Law Ii
by Milunsky /
2011 / English / PDF
9.5 MB Download
The law is a mandate and a mirror; it both commands and reflects.
It should not come as a shock that scientists and physicians often
prefer the mirror at times when society seems to be demanding a
mandate. This may be especially true in the rapidly advancing field
of medical genetics, where recent discoveries leading to
potentially startling applications have raised old questions of law
in a new light. Nevertheless, we believe that in general the
conflict between the law and science, as illustrated in the field
of genetics, is embroi dered with exaggeration. The Chief Justice
of the United States Supreme Court, Warren Burger, has noted that
"the prime function of the law is to protect basic human
values--individual human values--sometimes even at the expense of
scientific progress"; and that "it is not the function of the law
to keep pace with science." While both of these statements are true
as far as they go, we believe the law must make an affirmative
effort to anticipate scientific developments so that those
beneficial to society can be nurtured rather than stultified. It
was to nurture cooperation and understanding that we brought
together a distinguished faculty of internationally known experts
on law and genetics to discuss their fields in 1975.
The law is a mandate and a mirror; it both commands and reflects.
It should not come as a shock that scientists and physicians often
prefer the mirror at times when society seems to be demanding a
mandate. This may be especially true in the rapidly advancing field
of medical genetics, where recent discoveries leading to
potentially startling applications have raised old questions of law
in a new light. Nevertheless, we believe that in general the
conflict between the law and science, as illustrated in the field
of genetics, is embroi dered with exaggeration. The Chief Justice
of the United States Supreme Court, Warren Burger, has noted that
"the prime function of the law is to protect basic human
values--individual human values--sometimes even at the expense of
scientific progress"; and that "it is not the function of the law
to keep pace with science." While both of these statements are true
as far as they go, we believe the law must make an affirmative
effort to anticipate scientific developments so that those
beneficial to society can be nurtured rather than stultified. It
was to nurture cooperation and understanding that we brought
together a distinguished faculty of internationally known experts
on law and genetics to discuss their fields in 1975.