Leon R. Kass: The Wisdom of Repugnance
From The New Republic, 2
June 1997, pp. 17-26.
Reprinted
in Intervention and Reflection: Basic Issues in Medical
Ethics. 6th ed.
Ronald Munson, ed. (Belmont; Wadsworth 2000). pp 710-715.
.."Offensive." "Grotesque." "Revolting." '-`Repugnant" "Repulsive." These are the words most commonly heard regarding the prospect of human cloning. Such reactions come both from the man or woman in the street and from the intellectuals, from believers and atheists, from humanists and scientists. Even Dolly's creator has said he "would find it offensive" to clone a human being.
People are
repelled by many aspects of human cloning. They recoil from the
prospect of mass production of human beings, with large clones of
lookalikes, compromised in their individuality, the idea of
father-son or mother-daughter twins; the bizarre prospects of a woman
giving birth to and rearing a genetic copy of herself, her spouse or
even her deceased father or mother; the grotesqueness of conceiving a
child as an exact replacement for another who has died; the
utilitarian creation of embryonic genetic duplicates of oneself, to
be frozen away or created when necessary, in case of need for
homologous tissues or organs for transplantation; the narcissism of
those who would clone themselves and the arrogance of others who
think they know who deserves to be cloned or which genotype any
child-to-be should be thrilled to receive; the Frankensteinian hubris
to create human life and increasingly to control its destiny; man
playing God. Almost no one finds any of the suggested reasons for
human cloning compelling; alma, everyone anticipates its possible
misuses and abuse Moreover, many people feel oppressed by the sense
that there is probably nothing we can do to prevent it from
happening. This makes the prospect all the more revolting.
Revulsion
is not an argument; and some of yesterday's repugnances are today
calmly accepted--though, one must add, not always for the better. In
crucial cases, however, repugnance is the emotional expression of
deep wisdom, beyond reason's power fully to articulate it. Can anyone
really give an argument fully adequate to the horror which is
father-daughter incest (even with consent), or having sex with
animals, or mutilating a corpse, or eating human flesh, or even just
(just!) raping or murdering another human being?
Would
anybody's failure to give full rational justification for his or her
revulsion at these practices make that revulsion ethically suspect?
Not at all. On the contrary, we are suspicious of those who think
that they can rationalize away our horror, say, by trying to explain
the enormity of incest with arguments only about the genetic risks of
inbreeding.
The
repugnance at human cloning belongs in this category. We are repelled
by the prospect of cloning human beings not because of the
strangeness or novelty of the undertaking, but because we intuit and
feel, immediately and without argument, the violation of things that
we rightfully hold dear. Repugnance, here as elsewhere, revolts
against the excesses of human willfulness, warning us not to
transgress what is unspeakably profound. Indeed, in this age in which
everything is held to be permissible so long as it is freely done, in
which our given human nature no longer commands respect, in which our
bodies are regarded as mere instruments of our autonomous rational
wills, repugnance may be the only voice left that speaks up to defend
the central core of our humanity. Shallow are the souls that have
forgotten how to shudder.
The goods
protected by repugnance are generally overlooked by our customary
ways of approaching all new biomedical technologies. The way we
evaluate cloning ethically will in fact be shaped by how we
characterize it descriptively, by the context into which we place it,
and by the perspective from which we view it. The first task for
ethics is proper description. And here is where our failure begins.
Typically, cloning is discussed in one or more of three familiar contexts, which one might call the technological, the liberal and the meliorist. Under the first, cloning will be seen as an extension of existing techniques for assisting reproduction and determining the genetic makeup of children. Like them, cloning is to be regarded as a neutral technique, with no inherent meaning or goodness, but subject to multiple uses, some good, some bad. The morality of cloning thus depends absolutely on the goodness or badness of the motives and intentions of the cloners: as one bioethicist defender of cloning puts it, "the ethics must be judged [only] by the way the parents nurture and rear their resulting child and whether they bestow the same love and affection on a child brought into existence by a technique of assisted reproduction as they would on a child born in the usual way."
The
liberal (or libertarian or liberationist) perspective sets cloning in
the context of rights, freedoms and personal empowerment. Cloning is
just a new option for exercising an individual's right to reproduce
or to have the kind of child that he or she wants. Alternatively,
cloning enhances our liberation (especially women's liberation) from
the confines of nature, vagaries of chance, or the necessity for
sexual mating. Indeed, it liberates women from the need for men
altogether, for the process requires only eggs, nuclei and (for the
time being) uteri--plus, of course, a healthy dose of our (allegedly
"masculine") manipulative science that likes to do all
these things to mother nature and nature's mothers. For those who
hold this outlook, the only moral restraints on cloning are
adequately informed consent and the avoidance of bodily harm. If no
one is cloned without her consent, and if the clonant is not
physically damaged, then the liberal conditions for licit, hence
moral, conduct are met. Worries that go beyond violating the will or
maiming the body are dismissed as "symbolic"which is to
say, unreal....
The
meliorist perspective embraces valetudinarians and also eugenicists.
The latter were formerly more vocal in these discussions, but they
are now generally happy to see their goals advanced under the less
threatening banners of freedom and technological growth. These people
see in cloning a new prospect for improving human beings--minimally,
by ensuring the perpetuation of healthy individuals by avoiding the
risks of genetic disease inherent in the lottery of sex, and
maximally, by producing "optimum babies," preserving
outstanding genetic material, and (with the help of soon-to-come
techniques for precise genetic engineering) enhancing inborn human
capacities on many fronts. Here the morality of cloning as a means is
justified solely by the excellence of the end, that is, by the
outstanding traits or individuals cloned--beauty, or brawn, or
brains....
The
technical, liberal and meliorist approaches all ignore the deeper
anthropological, social and, indeed, ontological meanings of bringing
forth new life. To this more fitting and profound point of view,
cloning shows itself to be a major alteration, indeed, a major
violation, of our given nature as embodied, gendered and engendering
beings-and of the social relations built on this natural ground. Once
this perspective is recognized, the ethical judgment on cloning can
no longer be reduced to a matter of motives and intentions, rights
and freedoms, benefits and harms, or even means and ends. It must be
regarded primarily as a matter of meaning. Is cloning a fulfillment
of human begetting and belonging? Or is cloning rather, as I contend,
their pollution and perversion? To pollution and perversion, the
fitting response can only be horror and revulsion; and conversely,
generalized honor and revulsion are prima facie evidence of foulness
and violation. The burden of moral argument must fall entirely on
those who want to declare the widespread repugnances of humankind to
be mere timidity or superstition.
Yet
repugnance need not stand naked before the bar of reason. The wisdom
of our horror at human cloning can be partially articulated, even if
this is finally one of those instances about which the heart has its
reasons that reason cannot entirely know...
The
Perversities of Cloning
Cloning creates serious issues of identity and individuality. The cloned person may experience concerns about his distinctive identity not only because he will be in genotype and appearance identical to another human being, but, in this case, because he may also be twin to the person who is his "father" or "mother"--if one can still call them that. What would be the psychic burdens of being the "child" or "parent" of your twin? The cloned individual, moreover, will be saddled with a genotype that has already lived. He will not be fully a surprise to the world. People are likely always to compare his performances in life with that of his alter ego. True, his nurture and his circumstance in life will be different; genotype is not exactly destiny. Still, one must also expect parental and other efforts to shape this new life after the original-or at least to view the child with the original version always firmly in mind. Why else did they clone from the star basketball player, mathematician and beauty queen--or even dear old dad--in the first place?...
Troubled
psychic identity (distinctiveness), based on all-too-evident genetic
identity (sameness), will be made much worse by the utter confusion
of social identity and kinship ties. For, as already noted, cloning
radically confounds lineage and social relations, for "offspring"
as for "parents." As bioethicist James Nelson has pointed
out, a female child cloned from her "mother" might develop
a desire for a relationship to her "father," and might
understandably seek out the father of her "mother," who is
after all also her biological twin sister. Would "Grandpa,"
who thought his paternal duties concluded, be pleased to discover
that the clonant looked to him for paternal attention and support?
Social identity and social ties of relationship and responsibility are widely connected to, and supported by, biological kinship. Social taboos on incest (and adultery) everywhere serve to keep clear who is related to whom (and especially which child belongs to which parents), as well as to avoid confounding the social identity of parent-and-child (or brother-and-sister) with the social identity of lovers, spouses and co-parents. True, social identity is altered by adoption (but as a matter of the best interest of already living children: we do not deliberately produce children for adoption). True, artificial insemination and in vitro fertilization with donor sperm, or whole embryo donation, are in some way forms of "prenatal adoption"-a not altogether unproblematic practice. Even here, though, there is in each case (as in all sexual reproduction) a known male source of sperm and a known single female source of egg-a genetic father and a genetic mother-should anyone care to know (as adopted children often do) who is genetically related to whom.
In the case of cloning, however, there is but one 'parent." The usually sad situation of the "single-parent child" is here deliberately planned, and with a vengeance. In the case of self-cloning, the "offspring" is, in addition, one's twin; and so the dreaded result of incest--to be parent to one's sibling--is here brought about deliberately, albeit without any act of coitus. Moreover, all other relationships will be confounded. What will father, grandfather, aunt, cousin, sister mean? Who will bear what ties and what burdens? What sort of social identity will someone have with one whole side-"father's" or "mother's"-necessarily excluded? It is no answer to say that our society, with its high incidence of divorce, remarriage, adoption, extramarital childbearing and the rest, already confounds lineage and confuses kinship and responsibility for children (and everyone else), unless one also wants to argue that this is, for children, a preferable state of affairs.
Human
cloning would also represent a giant step toward turning begetting
into making, procreation into manufacture (literally, something
"handmade") process already begun with in vitro
fertilization and genetic testing of embryos. With cloning, not only
is the process in hand, but the total genetic blueprint of the cloned
individual is selected and determined by the human artisans. To be
sure, subsequent development will take place according to natural
processes; and the resulting children will still be recognizably
human. But we here would be taking a major step into making man
himself simply another one of the manmade things. Human nature
becomes merely the last part of nature to succumb to the
technological project which turns all of nature into raw material at
human disposal, to be homogenized by our rationalized technique
according to the subjective prejudices of the day.
How does
begetting differ from making? In natural procreation, human beings
come together, complementarily male and female, to give existence to
another being who is formed, exactly as we were, by what we are:
living, hence perishable, hence aspiringly erotic, human beings. In
clonal reproduction, by contrast, and in the more advanced forms of
manufacture to which it leads, we give existence to a being not by
what we are but by what we intend and design. As with any product of
our making, no matter how excellent, the artificer stands above it,
not as an equal but as superior, transcending it by his will and
creativeness. Scientists who clone animals make it perfectly clear
that they are engaged in instrumental making; the animals are, from
the start, designed as means to serve rational human purposes. In
human cloning, scientists and prospective "parents" would
be adopting the same technocratic mentality to human children: human
children would be their artifacts.
Such an arrangement is profoundly dehumanizing no matter how good the product. Mass-scale cloning of the same individual makes the point vividly; but the violation of human equality, freedom and dignity are present even in a single planned clone. And procreation dehumanized into manufacture is further graded by commodification, a virtually inescapable result of allowing babymaking to proceed under the banner of commerce. Genetic and reproductive ethnology companies are already growth industries, but they will go into commercial orbit once the Human Genome Project nears completion. Supply will create enormous demand. Even before the capacity for human cloning arrives, established companies have invested in the harvesting of eggs from ovaries obtained at autopsy or through ovarian surgery, practiced embryonic genetic alteration, and initiated the stockpiling of prospective donor tissues. Through the rental of surrogate-womb services, and through the buying and selling of tissues and embryos, priced according to the merit of the donor, the commodification of nascent human life will be unstoppable.
Finally,
and perhaps most important, the practice of human cloning by nuclear
transfer--like other anticipated forms of genetic engineering of the
next generation--would enshrine and aggravate a profound and
mischievous misunderstanding of the meaning of having children and of
the parent-child relationship. When a couple now chooses to
procreate, the partners are saying yes to the emergence of new life
in its novelty, saying yes not only to having a child but also,
tacitly, to having whatever child this child turns out to be. In
accepting our finitude and opening ourselves to replacement, we are
tacitly confessing the limits of our control. In this ubiquitous way
of nature, embracing the future by procreating means precisely that
we are relinquishing our grip, in the very activity of taking up our
own share in what we hope will be the immortality of human life and
the human species. This means that our children are not our
children: they are not our property, not our possessions. Neither are
they posed to live our lives for us, or anyone else's life but their
own. To be sure, we seek to guide them on their way, imparting to
them not just life but nurturing, love, and a way of life; to be
sure, they bear our hopes that they will live fine and flourishing
lives, enabling us in small measure to transcend our own limitations.
Still, their genetic distinctiveness and independence are the natural
foreshadowing of the deep truth that they have their own and
never-before-enacted life to live. They are sprung from a past, but
they take an uncharted course into the future.
Much harm is already done by parents who try to live vicariously through their children. Children are sometimes compelled to fulfill the broken dreams of unhappy parents; John Doe Jr. or the III is under the burden of having to live up to his forebear's name. Still, if most parents have hopes for their children, cloning parents will have expectations. In cloning, such overbearing parents take at the start a decisive step which contradicts the entire meaning of the open and forward-looking nature of parent-child relations. The child is given a genotype that has already lived, with full expectation that this blueprint of a past life ought to be controlling of the life that is to come. Cloning is inherently despotic, for it seeks to make one's children (or someone else's children) after one's own image (or an image of one's choosing) and their future according to one's will. In some cases, the despotism may be mild and benevolent. In other cases, it will be mischievous and downright tyrannical. But despotism-the control of another through one's will-it inevitably will be.
Meeting Some Objections
The defenders of cloning, of course, are not wittingly friends of despotism. Indeed, they regard themselves mainly as friends of freedom: the freedom of individuals to reproduce, the freedom of scientists and inventors to discover and devise and to foster "progress" in genetic knowledge and technique. They want large-scale cloning only for animals, but they wish to preserve cloning as a human option for exercising our "right to reproduce"-our right to have children, and children with "desirable genes." As law professor John Robertson points out, under our "right to reproduce" we already practice early forms of unnatural, artificial and extramarital reproduction, and we already practice early forms of eugenic choice. For this reason, he argues, cloning is no big deal.
We have here a perfect example of the logic of the slippery slope, and the slippery way in which it already works in this area. Only a few years ago, slippery slope arguments were used to oppose artificial insemination and in vitro fertilization using unrelated sperm donors. Principles used to justify these practices, it was said, will be used to justify more artificial and more eugenic practices, including cloning. Not so, the defenders retorted, since we can make the necessary distinctions. And now, without even a gesture at making the necessary distinctions, the continuity of practice is held by itself to be justificatory.
The principle of reproductive freedom as currently enunciated by the proponents of cloning logically embraces the ethical acceptability of sliding down the entire rest of the slope--to producing children ectogenetically from sperm to term (should it become feasible) and to producing children whose entire genetic makeup will be the product of parental eugenic planning and choice. If reproductive freedom means the right to have a child of one's own choosing by whatever means, it knows and accepts no limits.
But, far from being legitimated by a "right to reproduce," the emergence of techniques of assisted reproduction and genetic engineering should compel us to reconsider the meaning and limits of such a putative right. In truth, a "right to reproduce" has always been a peculiar and problematic notion. Rights generally belong to individuals, but this is a right which (before cloning) no one can exercise alone. Does the right then inhere only in couples? Only in married couples? Is it a (woman's) right to carry or deliver or a right (of one or more parents) to nurture and rear? Is it a right to have your own biological child? Is it a right only to attempt reproduction, or a right also to succeed? Is it a right to acquire the baby of one's choice?
The assertion of a negative "right to reproduce" certainly makes sense when it claims protection against state interference with procreative liberty, say, through a program of compulsory sterilization. But surely it cannot be the basis of a tort claim against nature, to be made good by technology, should free efforts at natural procreation fail. Some insist that the right to reproduce embraces also the right against state interference with the free use of all technological means to obtain a child. Yet such a position cannot be sustained: for reasons having to do with the means employed, any community may rightfully prohibit surrogate pregnancy, or polygamy, or the sale of babies to infertile couples, without violating anyone's basic human "right to reproduce." When the exercise of a previously innocuous freedom now involves or impinges on troublesome practices that the original freedom never was intended to reach, the general presumption of liberty needs to be reconsidered.
We do indeed already practice negative eugenic selection, through genetic screening and prenatal diagnosis. Yet our practices are governed by a norm of health. We seek to prevent the birth of children who suffer from known (serious) genetic diseases. When and if gene therapy becomes possible, such diseases could then be treated, in utero or even before implantation-I have no ethical objection in principle to such a practice (though I have some practical worries), precisely because it serves the medical goal of healing existing individuals. But therapy, to be therapy, implies not only an existing "patient." It also implies a norm of health. In this respect, even germline gene "therapy," though practiced not on a human being but on egg and sperm, is less radical than cloning which is in no way therapeutic. But once one blurs the distinction between health promotion and genetic enhancement, between so-called negative and positive eugenics, one opens the door to all future eugenic designs. "To make sure that a child will be healthy and have good chances in life": this is Robertson's principle, and owing to its latter clause it is an utterly elastic principle, with no boundaries. Being over eight feet tall will likely produce some very good chances in life, and do will having the looks of Marilyn Monroe, and so will a genius-level intelligence....
Ban the Cloning of Humans
What then, should we do? We should declare that human cloning is unethical in itself and dangerous in its likely consequences. In so doing we shall have the backing of the overwhelming majority of our fellow Americans, and of the human race, and (I believe) of most practicing scientists. Next, we should do all that we can to prevent the cloning of human beings. We should do this by means of an international legal ban if possible, and by a unilateral national ban, at a minimum. Scientists may secretly undertake to violate such a law, but they will be deterred by not being able to stand up proudly to claim the credit for their technological bravado and success. Such a ban on clonal baby-making moreover, will not harm the progress of basic genetic science and technology. On the contrary, it will reassure the public that scientists are happy to proceed without violating the deep ethical norms and intuitions of the human community. . . .
The president's call for a moratorium on human cloning has given us an important opportunity. In a truly unprecedented way, we can strike a blow for the human control of the technological project, for wisdom, prudence and human dignity. The prospect of human cloning, so repulsive to contemplate, is the occasion for deciding whether we shall be slaves of unregulated progress, and ultimately its artifacts, or whether we shall remain free human beings who guide our technique toward the enhancement of human dignity.