“随机人性”原则的法律与伦理里程碑

S. Azin
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引用次数: 1

摘要

遗传学的加速发展及其奇妙的实际效益使伦理和法律专家感到惊讶。这一次,物理科学超越了伦理和法律的考虑,超越了全世界基因进化的先驱;减少对道德判断的关注。在这个讲座中,我提出了一个监测遗传产前干预的标准,该标准评估了人类与自然妊娠现象相反的行为的道德和合法性。我称之为“随机人性原理”。这一原则至少得到了三个道德里程碑的支持。第一个依据是禁止决策而不是胎儿。胎儿,虽然至少在其发育的最初阶段,缺乏足够的能力被视为人,有足够的尊重有生命的权利。这涉及到出生的权利,毫无疑问,我们应该让不久的将来的婴儿自己决定他/她的身体和精神特征,除了下面提到的唯一例外,不存在他人干预的紧急情况。因此,其他人没有权力通过“自由裁量权辩护”的方式将自己的愿望强加给未来的孩子。第二个基础是禁止人类的工具主义。为了促进人类的特征,如智力或身高,将人类的位置降低到我们打算尽可能创造的产品中。第三个里程碑是把人类的多样性看作是天赋而不是缺陷。建立一个由具有相同身心属性的人组成的社会,将导致社会停滞,并剥夺人类因人类自然多样性而提供的机会。这种区别是文明发展所必需的,不应被视为特权与缺陷的对抗。最后,在确定这一原则应用的边界时,有一个关键概念:“遗传性疾病或失调”。这是关于精确计算其边界的唯一例外。
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Legal and Ethical Milestones of "Random Human Nature" Principle
The accelerating progress of Genetics and its wondrous practical benefits has surprised ethical and legal experts. This time, physical sciences surpass ethical and legal considerations and pioneers of genetic evolution all over the world; feel less concern about moral judgments. In this lecture, I suggest a criterion for monitoring genetic prenatal interventions which evaluates morality and legitimacy of what human does contrary to natural phenomenon of gestation. I call it “Random Human Nature Principle”. The principle is supported by at least three ethical milestones. First basis is prohibition of decision making instead of fetus. Fetus, though at least in its first stages of development, lacks enough capacity to be counted as human, has enough respect to have right of life. This involves the right to be born and there is no doubt that we shall let the near future baby decide him/herself about the physical and mental characteristics and other than the sole exception named below, there is no emergency condition for others’ intervention. So, there is no authority for others to impose their wish to future baby by means of “discretion justifications”. Second basis is forbiddance of human instrumentalism. To promote human features like intelligence or height reduces human position to a product which we intend to create as well as possible. The third milestone is considering human variety as gift rather than defect. Building a society consisting of people with identical physical and mental properties, will lead to social stagnation and deprives humankind of opportunities which are provided due to human natural diversity. This differentiation is required to develop a civilization and should not be noticed as a privilege-defect confrontation. Finally, there is a key concept in determining borders of this principle application: “Genetic disease or disorder”. This shall be the sole exception regarding accurate calculation of its boundaries.
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