Applied Jurisprudence Preimplantation Genetic Diagnosis Part 2

Applied Jurisprudence

Preimplantation Genetic Diagnosis Part 2

Don't use plagiarized sources. Get Your Custom Essay on
Applied Jurisprudence Preimplantation Genetic Diagnosis Part 2
Just from $8 /Page 0r 300 words
Order Now

 

Save your time - order a paper!

Get your paper written from scratch within the tight deadline. Our service is a reliable solution to all your troubles. Place an order on any task and we will take care of it. You won’t have to worry about the quality and deadlines

Order Paper Now

 

Preimplantation Genetic Diagnosis

2. Screening for Superficial Desired Traits

 

 

Introduction

Screening for Superficial Desired Traits

 

 

Introduction: Superficial Desired Traits

Another more controversial application of PGD is to use it to screen embryos for – and discard embryos that lack – certain superficial desired traits such as sex, eye color, hair color, skin tone etc. prior to uterine transfer (so that only embryos that possess those superficial desired traits are transferred into the uterus)

▪ The resulting children are often referred to as “designer babies”

 

 

Introduction: Superficial Desired Traits

Procedure for Using PGD to Screen Embryos for Superficial Desired Traits

▪ Embryos created through IVF are tested for the existence of certain superficial desired traits

▪ Only those embryos that possess those superficial desired traits are transferred into the uterus

Watch Movie: “GATTACA”

 

 

Normative Jurisprudence

Screening for Superficial Desired Traits

 

 

Normative Jurisprudence The Relationship Between Law & Morality

 

 

Normative Jurisprudence: Superficial Desired Traits The Relationship between Law & Morality

Deontological Ethical Theories

Natural Law

▪ According to Natural Law, using PGD to screen embryos for superficial desired traits is Always Immoral

• Rationale: o The right to life is the most supreme natural right.

o We have a moral obligation to protect life – especially innocent & defenseless life (embryos).

o Screening embryos for superficial desired traits is immoral because it violates the discarding embryos’ fundamental and inalienable right to life.

 

 

Normative Jurisprudence: Superficial Desired Traits The Relationship between Law & Morality

Deontological Ethical Theories (continued)

Kantian Ethics ▪ According to Kantian Ethics, using PGD to screen embryos for

superficial desired traits is Always Immoral • All human life has intrinsic and equal value regardless of whether it is

born or unborn and regardless of whether it possesses certain superficial desired traits o Lacking a certain superficial desired trait does not rob an

embryo’s life of value or justify ending its life

 

 

Normative Jurisprudence: Superficial Desired Traits The Relationship between Law & Morality

Deontological Ethical Theories (continued)

Kantian Ethics (continued) • Since all human life has value, we have a duty to treat both embryos and

people with dignity (as an end unto themselves, rather than as a means to an end) o Using PGD to screen embryos for superficial desired traits is immoral

because it treats embryos that lack certain superficial desired traits as a means to an end (they are created and then destroyed so that family can achieve happiness)

o Using PGD to screen embryos for superficial desired traits is also immoral because it treats the resulting child (who possesses the superficial desired traits) as a means to an end (they are created and used to gratify their parents rather than to be loved and accepted unconditionally)

 

 

Normative Jurisprudence: Superficial Desired Traits The Relationship between Law & Morality

Teleological Ethical Theories

Utilitarianism

▪ According to Utilitarianism, using PGD to screen embryos for superficial desired traits can be Moral or Immoral • Whether using PGD to screen embryos for superficial desired traits

is moral depends on whether it produces the greatest good for the greatest number of people.

• We must make this determination on a case-by-case basis by tallying the positive & negative consequences of (the good & bad that will result from) each couple’s decision to use PGD to screen embryos for superficial desired traits

 

 

Normative Jurisprudence: Superficial Desired Traits The Relationship between Law & Morality

Teleological Ethical Theories (continued)

Utilitarianism (continued) • When determining the morality of using PGD to screen embryos for

superficial desired traits, we must weigh the potentially positive consequences that it might have for some people against the potentially negative consequences that it might have for others

▪ Rationale for the View that Using PGD to Screen Embryos for Superficial Desired Traits is Moral

• The Positive Consequences of Using PGD to Screen Embryos for Superficial Desired Traits Outweigh Its Negative Consequences

 

 

Normative Jurisprudence: Superficial Desired Traits The Relationship between Law & Morality

Teleological Ethical Theories (continued)

Utilitarianism (continued) ▪ Rationale for the View that Using PGD to Screen Embryos for

Superficial Desired Traits is Moral (continued) o Potentially Positive Consequences of Using PGD to Screen

Embryos for Superficial Desired Traits

▪ It poses no harm

▪ Parents Have the Right to Improve the Wellbeing of Their Children/Give Children the Best Chance of Success

▪ Parents Should Be Able to Model Kids Before Birth Just As They Do After Birth

 

 

Normative Jurisprudence: Superficial Desired Traits The Relationship between Law & Morality

Teleological Ethical Theories (continued)

Utilitarianism (continued) ▪ Rationale for the View that Using PGD to Screen Embryos for

Superficial Desired Traits is Immoral • The Negative Consequences of Using PGD to Screen Embryos for

Superficial Desired Traits Outweigh Its Positive Consequences o Potentially Negative Consequences of Using PGD to Screen

Embryos for Superficial Desired Traits ▪ It violates the discarded embryos’ right to life ▪ It devalues the sanctity human life ▪ It could lead to increased discrimination & stigmatization

against the genetically inferior

 

 

Normative Jurisprudence: Genetic Defects & Diseases The Relationship between Law & Morality

Teleological Ethical Theories (continued)

Utilitarianism (continued) ▪ Rationale for the View that Using PGD to Screen Embryos for

Superficial Desired Traits is Immoral (continued) o Potentially Negative Consequences of Using PGD to Screen

Embryos for Superficial Desired Traits(continued) ▪ It could reduce the genetic diversity of the human species ▪ It’s a slippery slope to eugenics ▪ The resulting child could suffer adverse psychological

consequences • They could be used solely as a means to gratify their parents; • They could be burdened with living up to the standards they

were designed to meet. • They could fail to live up to the standards they were designed

to meet.

 

 

Normative Jurisprudence: Superficial Desired Traits The Relationship between Law & Morality

Teleological Ethical Theories (continued)

Ethical Altruism ▪ According to Ethical Altruism, Using PGD to Screen Embryos for

Superficial Desired Traits can be Moral or Immoral

• Using PGD to Screen for Superficial Desired Traits Is Moral if it was done for unselfish reasons (solely to benefit someone else) o e.g. Using PGD to screen for superficial desired traits in order to

give your child the best chance of success and happiness in life

• Using PGD to Screen for Superficial Desired Traits Is Immoral if it was done for selfish reasons (solely to benefit yourself) o e.g. Using PGD to screen for superficial desired traits so that you

can live vicariously through your child who would be able to achieve what you always wanted – but were unable – to achieve.

 

 

Normative Jurisprudence: Superficial Desired Traits The Relationship between Law & Morality

Teleological Ethical Theories (continued)

Ethical Egoism ▪ According to Ethical Egoism, Using PGD to Screen Embryos for

Superficial Desired Traits can be Moral or Immoral

• Using PGD to Screen for Superficial Desired Traits Is Moral if it was done for selfish reasons (solely to benefit yourself) o e.g. Using PGD to screen for superficial desired traits so that you

can live vicariously through your child who would be able to achieve what you always wanted – but were unable – to achieve

• Using PGD to Screen for Superficial Desired Traits Is Immoral if it was done for unselfish reasons (solely to benefit someone else) o e.g. Using PGD to screen for superficial desired traits in order to

give your child the best chance of success and happiness in life

 

 

Normative Jurisprudence Freedom & The Proper Limits of the Law

 

 

Normative Jurisprudence: Superficial Desired Traits The Proper Limits of the Law

The Harm Principle

The government may prohibit using PGD to screen embryos for superficial desired traits only if doing so is necessary to prevent harm to others

▪ e.g. A law that bans the practice of using PGD to screen embryos for superficial desired traits out of the government’s desire to prevent the slippery slope towards eugenics

 

 

Normative Jurisprudence: Superficial Desired Traits The Proper Limits of the Law

The Principle of Legal Moralism

The government may prohibit using PGD to screen embryos for superficial desired traits if society, as a whole deems, the practice to be immoral

▪ e.g. A law that bans the practice of using PGD to screen embryos for superficial desired traits because society, as a whole, believes that the practice is immoral

 

 

Critical Jurisprudence

Screening for Superficial Desired Traits

 

 

Critical Jurisprudence: Superficial Desired Traits

Critical Legal Studies

Using PGD to screen embryos for superficial desired traits is so expensive that only the wealthy will be able to afford it ▪ Due to the expensive nature of screening embryos for superficial

desired traits, legalizing the practice would o Give the wealthy an unfair genetic advantage over the poor o Exacerbate socioeconomic inequality by creating a genetic

underclass

 

 

Critical Jurisprudence: Superficial Desired Traits

Critical Race Theory

Using PGD to screen embryos for superficial desired traits is so expensive that only the wealthy will be able to afford it.

Since Racial & Ethnic minorities are disproportionately poor in this country, legalizing the use of PGD to screen embryos for superficial desired traits will perpetuate racial inequality & further devalue minorities

▪ Due to the expensive nature of using PGD to screen embryos for superficial desired traits, legalizing the practice would exacerbate racial inequality by giving Whites (who are disproportionately wealthy) an unfair genetic advantage over racial and ethnic minorities (who are disproportionately poor)

Looking for a similar assignment? Get help from our qualified experts!

Order Now