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Guenin Science and Society
Guenin Science and Society
S C I E N C E ’ S C O M PA S S E S S AY
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64 E S S AY S O N S C I E N C E A N D S O C I E T Y
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Morals and Primordials
59 hat may we do with a human em- human embryo and to any possible person
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W bryo? On this moral question into which an embryo may develop. For
hinges the fate of embryonic the reasons explained below, I claim that
stem cell research. To defeat such research, experiments with epidosembryos are per-
55 opponents appeal to the premise that killing missible at least for embryos that are less
54 an embryo is always wrong. Before we may than 2 weeks old.
53 pronounce the verdict of any moral view— Before stating the case for this claim,
52 including our own—we must look beyond we may put to rest a prominent argument
51 slogans and ascertain that view’s fundamen- that is not part of the case. A statute de-
50 tal principles. Thereafter comes the task of clares that no funds dispensed by the Na-
49 identifying and rigorously scrutinizing ar- tional Institutes of Health (NIH) “may be
48 guments. Upon close study of principles used for ... research in which a human
47 and arguments, it becomes plain that em- embryo or embryos are destroyed.”* NIH
46 bryonic stem cell research gains moral ap- has introduced a well-intentioned argu-
45 proval even within views that might be pre- ment that, rendered in its strongest form,
44 sumed to oppose such research. runs as follows. First, research on embry-
43 Embryonic stem cells are derived from onic derivatives is distinct from obtaining Louis M. Guenin
42 blastocysts at about day 5 of gestation, the such derivatives. Second, pluripotent em-
41 window of opportunity for obtaining bryonic stem cells are not embryos. There- teaches ethics at Harvard Medical
40 pluripotent cells that can fore, research on pluripo- School. His work in moral philosophy
39 be grown without differ- tent embryonic stem cells concerns the theory and mathematics
38 entiating. Let us define “If we spurn is not “research in which ... of distributive justice, intellectual
37 as an “epidosembryo” embryos are destroyed.” public goods in genetics, and the ethics
36 (after the Greek epidosis [embryonic For the first premise, NIH of research. He is writing a book on
35 for a beneficence to the relies on an opinion of utility theory and the social welfare
34 common weal) a human stem cell] counsel that asserts only function, and is editor of a forthcoming
33 embryo that (i) was cre- the second. The second issue of Synthese on candor in science.
32 ated in vitro in an assist- research, not premise is a truism, but the
31 ed reproduction proce- statute does not recognize
30 dure, (ii) remained in
one more baby the distinction asserted in ity patient decides against intrauterine
29 storage after completion is likely to be the first. If destroying em- transfer of an embryo, that embryo’s devel-
28 of all intrauterine trans- bryos is wrong, the f irst opmental potential fails of enablement.
27 fers requested by the born. ” premise—and hence the Donor instructions governing an epidosem-
26 mother, and (iii) has de- conclusion—car ries no bryo allow nothing but research. Hence no
25 parted parental control more moral weight than possible person corresponds to an epi-
24 according to instructions to the attending does a bibliophile’s claim, when observed dosembryo. Nor has the epidosembryo
23 physician that the embryo shall be given to perusing a stolen rare book, that he got it preferences that could be frustrated or sen-
22 research and that there shall not occur any from a friend who visits archives. tience by which it could suffer. Nothing
21 transfer to a uterus, or ex vivo nurture be- Notwithstanding that the embryos would can be gained for an epidosembryo by ar-
20 yond a number of weeks specified in the perish anyway, embryonic stem cell inves- ranging that it perish as waste rather than
19 instructions, of either the embryo or any tigation induces destruction of embryos. perish in aid of others. We have a duty,
18 totipotent cell taken from the embryo. Let Hence investigators ride in the same when our means allow, to aid those who
17 us assume that we owe great respect to any moral boat with anyone who supplies suffer. If we spurn epidosembryo research,
16 them embryonic derivatives. With this we not one more baby is likely to be born. If
15 The author is in the Department of Microbiology and may contrast the case of stem cells de- we conduct research, we may relieve suf-
14 Molecular Genetics, Harvard Medical School, Boston, rived from abortuses. Scientists stand to fering. Therefore epidosembryo research is
13 MA 02115, USA. E-mail: [email protected] donated abortal tissue as transplant sur- permissible and praiseworthy. Such re-
12 geons stand to organs or anatomy students search includes studies of embryos them-
*Pub. L. No. 106-554, Title V, § 510 (2000), and verba-
11 tim predecessors since 1996. to cadavers. The recipients have not in- selves, from which we may learn how birth
10 †42 U.S.C. §§ 274e; 289g-1(b)(2)(A),(c); 289g-2(b). duced the sources’ deaths. So we assure defects occur, and studies of stem cells
9 ‡J. E. Roemer, Theories of Distributive Justice (Har- by prohibiting inducements.† This consti- with their distinctive therapeutic promise.
8 vard Univ. Press, Cambridge, MA, 1996), pp. 19–21. tutes the well-accepted justification for Epidosembryo donors turn statistical ac-
§W. V. Quine, Theories and Things (Harvard Univ.
7 Press, Cambridge, MA, 1981), p. 102.
the use of donations from such sources. cident to good. Fertility clinicians recover
6 Scientists in the United States may now obtain em- Epidosembryo research is moral not be- and fertilize about a dozen eggs per patient;
5 bryonic stem cells only from (i) WiCell Research Insti- cause experiment and derivation are distin- given the mortality rate of fertilized eggs
CREDIT: ALLAN BURCH
4 tute, Inc., a subsidiary of Wisconsin Alumni Research guishable, but because both are permissi- (zygotes), any fewer fertilizations would
Foundation, patentee of method and derived cells de-
3 scribed in J. A. Thomson et al., Science 282, 1145
ble. The argument for epidosembryo re- fail to optimize chances of pregnancy. Once
2 (1998); (ii) WiCell licensees not using federal funds; search is as follows. Outside a uterus, an a patient has given birth to all the children
1 or (iii) a foreign source. embryo cannot long survive. When a fertil- that she wants, unused embryos usually
S C I E N C E ’ S C O M PA S S
65 perish as waste. (Under U.K. law, an em- vent, we are impelled to the universalizable sciousness can be a person for purposes of
64 bryo ordinarily may be stored for only 5 maxim that we should foster that research. the duty not to kill.
63 years.) Whereas if given to research, a sin- This implies a duty to foster such research. In any case, the matter comes to rest on
62 gle embryo will yield a cell line long sus- The second presumptive opponent is one necessary condition of personhood. Un-
61 taining a stem cell investigator’s work. Catholicism. The Greeks and Romans rou- til day 14, the possibility of monozygotic
60 The foregoing argument differs from the tinely killed slaves and barbarians; the twinning (and recombination) remains. That
59 utilitarian argument with which scientists Spartans abandoned infants to the elements. is, until day 14, identity of an individual is
58 often defend embryonic stem cell research. Against these and later assaults, the not established. “No entity,” said the
57 Utilitarianism commands us to maximize Catholic church has championed human philosopher W. V. Quine, “without identity.”§
56 the sum of individual utilities. A utilitarian life. Against abortion the church now as- To identify a source of stem cells, NIH
55 may predict greater aggregate utility from serts two doctrines: (i) the sanctity of life, would define the set of donated embryos that
54 performing research than from forgoing it. the belief that human life is a sacred gift of have yet to form “the mesoderm.” This is
53 This argument may convince confirmed God that we must respect, and (ii) zygotic ambiguous as between the extraembryonic
52 utilitarians who imagine a calculation of ag- personhood, the thesis that fertilization suf- mesoderm (forming around day 10) and the
51 gregate utility, but doubtless only them. In fices to create a new person. Held inconsis- intraembryonic mesoderm (forming as late
50 the absence of interpersonally comparable tent with the sanctity of life are destruction as day 16). The law of the U.K. forbids labo-
49 utility measures, we cannot meaningfully of embryos and (as departures from God’s ratory nurture of embryos beyond day 14.
48 sum utilities across a population.‡ Given in- manner of giving life and as a path to eu- At the foundation of Christianity lies the
47 tense preferences about an issue of life and genics) in vitro fertilization, intrauterine second greatest of the commandments—
46 death, we cannot put much store in a com- transfer, and embryo cryopreservation. Giv- that one love one’s neighbor as oneself—as
45 putational argument that lacks the computa- en that in vitro fertilizations nonetheless oc- well as the Golden Rule, a form of which
44 cur, we must decide what to do with appears in virtually every moral view since
43 epidosembryos. It seems difficult to Confucius, and the call to charity. These
42 A 5-day-old blastocyst deny that relieving widespread suffer- precepts require us to imagine ourselves
41 from whose inner cell ing is morally better than destroying possessing the preferences of those who
40 mass (at 9 o’clock) in- embryos at no gain. One who opposes suffer. Concerning medicine, the Catholic
39 vestigators derive em- abortion may further promote life by church teaches in Declarato de Abortu
38 bryonic stem cells. endorsing research on epidosembryos. Procurato that “in the outpouring of Chris-
37 Scale bar, 10 µm. Donors of epidosembryos give fresh tian generosity and charity every form of
36 voice to esteem for life. assistance should be developed.”
35 Zygotic personhood, which does Many moral views also urge justice in
34 tion. For many nonutilitarians, paramount collide with embryo research, is an implau- the distribution of resources. To exclude
33 moral principles supersede the maximiza- sible contradiction of the Catholic church’s publicly funded scientists from embryonic
32 tion of any welfare index. magisterium for most of its history. Until stem cell research serves only to constrain
31 I now turn to two presumptive opponents 1869, the church followed Aristotle’s view progress while privatizing it. If we give
30 of embryo research. We shall find that these that not until at least day 40 does an embryo away the public store by abstaining from
29 views, when fully assembled, support epi- develop sufficient human form to acquire public research, we may wake up to find
28 dosembryo research. Less strict views not an intellectual soul, that which distinguish- patentees controlling most of the trans-
27 mentioned below also join in support of such es human from beast (Historia Animalium plantable cell types. The poor will likely be
26 research. According to the views within this 583b). Until then, said Aquinas, “conception the losers. And if the government does not
25 broad universe of support, if a government is not completed.” Aristotle believed that permit public scientists to derive cells, we
24 thwarts epidosembryo research, it does a dis- form and matter correspond, a view known as may be forsaking, for no moral gain, the
23 service to the cause of morality. “hylomorphism,” from which it follows that benefit of innovations in cell derivation.
22 The first presumptive opponent is Kan- a being without a brain cannot house an in- Consider too that a broad brush now
21 tianism. That each of us possesses a dignity tellectual soul. Hence the wrongfulness of paints as unavailable for study any embryo
20 above price is an intellectual legacy from abortion was said to vary with time of ges- created “for research purposes.”* This pre-
19 Kant. According to Kant, we should never tation. Pope Innocent III in 1211 settled on cludes work on autologous transplants—
18 treat humanity simply as a means, but al- quickening (at 12 to 16 weeks) as the time by transfer of patients’ nuclear DNA to ac-
17 ways as an end. Embryo experimentation of ensoulment. In 1869, Pope Pius IX, tivated mammalian eggs and derivation of
16 uses embryos solely as means. But for without mentioning time of gestation, list- their own pluripotent stem cells 5 days lat-
15 Kant, the basis of dignity is autonomous ed those procuring abortions among the ex- er—and the use of donated gametes to cre-
14 reason; humanity includes only rational be- communicated. This was read to imply zy- ate banks of transplantable histocompati-
13 ings. Embryos are not rational. In general, gotic personhood. Recently in Donum Vitae ble tissues. Such procedures need not raise
12 Kant holds that as rational beings we should (1987), the church has conceded that per- moral concerns about unnatural reproduc-
11 act on those maxims that, without contra- sonhood is a philosophical question, and so tion. They would not produce children.
10 dicting ourselves, we can will as universal we search its texts for an argument for zy- They too would employ only unindividuat-
9 laws. That a woman may decide against in- gotic personhood. Scripture is silent. We ed and unenabled blastocysts.
8 trauterine transfer and donate an epidosem- f ind in Declarato de Abortu Procurato We honor human life by probing our
7 bryo is such a universalizable maxim. We (1974) that the church argues for zygotic moral views to their foundations. There we
CREDIT: R. DOUGLAS POWERS
6 also have a duty of beneficence. We cannot personhood by identifying a person with a find a common conclusion. It is virtuous
5 decline to will that aid be given those in genome. But the magisterium cannot main- to eliminate suffering in actual lives when
4 need if we wish it to be given us should we tain this materialist thesis, this radical ge- we may do so at no cost in potential lives.
3 be in need. As soon as we imagine our- netic reductionism, without contradicting In this work of mercy, scientists form the
2 selves in the place of those who suffer in its belief in mind and soul. And even for vanguard. They also respect human life
1 ways that epidosembryo research could pre- materialists, only a being capable of con- who toil to relieve its afflictions.