Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Monday, September 25, 2006

A Question About Embryonic Stem Cell Research

Given these two recent posts (here and here), I am puzzled.  Can someone--anyone:  Robby George, Rick Garnett, anyone--help me solve the puzzle.

Let's assume that we agree with Louis Guenin--as of course both Robby George and Rick Garnett do--that
 "[i]f you and I are human individuals, so too are early embryos."  We can nonetheless reasonably disagree about whether embryos created in the course of IVF may be used in embryonic stem cell research.  Robby and Rick are of the view that IVF embryos may not be so used.  Guenin and others are of the view that IVF embryos may be so used.  This is a reasonable disgreement among persons who agree that "[i]f you and I are human individuals, so too are early embryos."  For Guenin's position, click here.

HOWEVER, one who agrees that
"[i]f you and I are human individuals, so too are early embryos" cannot, as I see it, support therapeutic cloning.

So why would any large organization many of whose members agree that
"[i]f you and I are human individuals, so too are early embryos" (e.g., the Democratic Party) want to support therapeutic cloning rather than support just the use of embryos created in the course of IVF?  Supporting the former rather than just the latter seems so unnecessary.

That's my puzzle.

Robby, Rick, anyone:  Can you help me understand?
_______________
mp
 

George on Penalver/Garnett

Over at First Things, Robert George weighs in on Eduardo and Rick's exchange on pro-life Catholics and the Democrats:

But Peñalver’s case is even weaker than Professor Garnett’s damning points against him reveal. Here’s why. Even if Peñalver’s optimism about the effect of Democratic policies on the abortion rate were warranted, it would not justify supporting the Democrats. All the major Democratic presidential aspirants and the Democratic leaders of both houses of Congress (together with the vast majority of Democratic senators and representatives) support federal funding for the creation of human embryos by cloning for biomedical research in which they are deliberately killed. That means that if the Democrats come into power, hundreds of thousands—over time it would surely be millions—of human lives will be created and destroyed as a direct consequence. Even if the abortion rate were to drop by 20 percent, the number of lives saved would be massively offset by the authorization and federal funding of embryo-destructive research. If there is one thing we can predict with confidence about the platform the Democrats will adopt at their 2008 convention, it is that the party will not be calling for embryo-destructive research to be “safe, legal, and rare.” On the contrary, the Democrats will promise to pour hundreds of millions of dollars into “therapeutic cloning.”

Of course, there are Republican renegades such as Arnold Schwarzenegger, Arlen Specter, and Orrin Hatch who side with the Democrats on this issue. But most Republican leaders firmly oppose the creation of human embryos, whether by cloning or the union of gametes, for research in which they are killed. So, however much one might dislike Republican policies in other areas, it’s clear that the death toll under the Democrats would be so large as to make it unreasonable for Catholic citizens, or citizens of any faith who oppose the taking of innocent human life, to use their votes and influence to help bring the Democratic party into power.

Rob

The Pope on Islam

[I received this notice today.  MOJ-readers may be interested.]


The Pope on Islam

An Interview with Kevin Madigan, SJ

By Nandagopal R. Menon

What Benedict said, what he didn't, and what it means.

Today, Pope Benedict XVI met with representatives from Muslim-majority countries that maintain diplomatic links with the Vatican "in order to strengthen the bonds of friendship and solidarity between the Holy See and Muslim communities throughout the world." Benedict said he hoped "to reiterate today all the esteem and the profound respect that I have for Muslim believers."

How did he get to this point? To help make sense of the pope's remarks on Islam and their aftermath, Commonweal presents an interview with Kevin Madigan, SJ, president of the Institute for the Study of Religions and Cultures at the Pontifical Gregorian University in Rome, available only on our Web site.

Madigan tackles several important questions surrounding the controversy:

Can one make sweeping statements about Islam's views on violence and religious tolerance relying solely on the Qur'an?

Would it be correct to say that, as the pope does, God is absolutely transcendent for Muslims? What is the view of the Qur'an when it comes to natural theology and to reason?

Are the pope's comments indicative of a change in the Holy See's policy towards Islam. Do they indicate a more hard-line, reciprocity-based approach?

Will the damage be corrected by the clarifications issued by the Holy See and the personal apology of the pope?

For answers to these questions and more, visit http://www.commonwealmagazine.org/article.php3?id_article=1743.

Spain to permit "therapeutic" cloning

Sigh.

Casey and Santorum talk religion

Worth a read.  I did not know that Casey, like your humble blogger, was a Jesuit Volunteer.

Stem Cells and Robert George II

Professor George also wrote to me about a debate involving embryo "rescue": I don't know of anyone who believes that any particular woman (apart, perhaps, from the mother of an embryo, assuming she is alive and healthy and other relevant conditions are met) has a duty to attempt an embryo rescue.  In fact, there is a big debate among Catholic philosophers and theologians about whether embryo rescuing ("heterologous embryo transfer") is even morally permissible. Mary Geach (the daughter of the late Elizabeth Anscombe and Peter Geach, and a fine philosopher in her own right) and Fr. Tad Pacholcyk argue against its moral permissibility.  Germain Grisez, William May, Fr. Kevin Flannery, and many others argue for it, at least in certain circumstances.  The arguments, which are complicated and interesting, are set out lucidly by these scholars and others in a forthcoming book on heterologous embryo transfer being edited by Edward Furton of the National Catholic Bioethics Center and Fr. Thomas Berg of the Westchester Institute.  I have contributed a Foreword.  (My own position is in favor of embryo rescue, though I don't use the Foreword as an occasion to argue for it.)  I think it is fair to say that most of those of us who believe that heterologous embryo transfer can be morally legitimate also believe that government and private organizations which are in a position to help should encourage embryo rescue and adoption.  I certainly believe it.  So I applaud President Bush's promotion of the Snowflake program.  That program has resulted in the birth of dozens of healthy children who were rescued as crypreserved embryos.  Evangelical groups are enthusiastically promoting the program.  Catholic organizations are on the sidelines for the moment -- principally, I'm sure, because it is not yet clear what position the Congregation for the Doctrine of the Faith will take on the matter.

Stem Cells and Robert George I

Professor Robert George of Princeton wrote in response to some questions I asked about stem cell research:

I'm writing in response to the questions you posted on Mirror of Justice concerning the use of dead embryos to produce pluripotent stem cells. Last year, the President's Council on Bioethics (on which I serve) published a White Paper on Alternative Sources of Pluripotent Stem Cells.  We examined four proposals for obtaining pluripotent cells without killing embyros, including the proposal about which you inquired.  Our report is available on line at www.bioethics.gov. (Click on "Reports.")  On the basis of work being done at Columbia University Medical School by two research physicians (Drs. Landry and Zucker) the Council concluded that this approach should be explored more fully and that funding for the basic research should be encouraged.  The goal is to identify criteria and technology for distinguishing living human embryos from organismically dead embryos in cryopreservation.  There are some collateral issues as well, which you can read about in the White Paper.
 
May I offer responses to your specific questions?
 
Does the moral objection to stem cells depend upon the assumption that embryos are ensouled? No. The moral objection to embryo-destructive research is premised on the fact that human embryos are human individuals in the earliest stages of their natural development. A human embryo is not something distinct in kind from a human being—like a rock or potato or alligator.  A human embryo, from the zygote and morula stages forward, is a whole, distinct, living member of the species Homo sapiens. The embryonic human being requires only what any human being at any stage of development requires for his or her survival, namely, adequate nutrition and an environment sufficiently hospitable to sustain life.  From the beginning, each human individual possesses—actually and not merely potentially—the genetic constitution and epigenetic primordia for self-directed development from the embryonic into and through the fetal, infant, child, and adolescent stages and into adulthood with his or her unity, determinateness, and identity intact. In this crucial respect, the embryo is quite unlike the gametes—that is, the sperm and ovum—whose union brought a new human being into existence. You and I were never sperm or ova; those were genetically and functionally parts of other human beings--our parents. But each of us was once an embryo, just as each of us was once an adolescent, and before that a child, an infant, a fetus. Of course, in the embryonic, fetal, and infant stages we were highly vulnerable and dependent creatures, but we were nevertheless complete, distinct human individuals. As the leading textbooks in human embryology and developmental biology unanimously attest, we were not mere “clumps of cells,” like moles or tumors. So the basic rights human beings possess simply by virtue of their humanity—including above all the right to life—we possessed even then. Obviously, there is a lot more to be said, and various lines of objection to be answered, but (in short) it is not speculation about "ensoulment," but rather the biological facts establishing the humanity of the embryo, that are the basis of the objection to human embryo-killing.  (I am not here suggesting that we derive ethical norms from biological facts.  The principle of human equality and other principles of human rights are not established by scientific inquiry. What science can tell us is when we have a living human being (as opposed to a gamete or pair of gametes, a mole or tumor, a corpse, etc.).  Ethical reflection must establish whether all human beings are equal, or whether there are superiors and inferiors whose status is determined by race, sex, ethnicity, age, size, stage of development, condition of dependency, or what have you.)
 
Assuming the use of stem cells would otherwise be problematic, is there a moral objection to using stem cells from dead embryos? So long as a practice did not encourage the creation of "excess" embryos or promote or facilitate other objectionable practices, I don't see a moral objection to using stem cells obtained by culturing inner cell mass cells from embryonic remains.  Drs. Landry and Zucker have tried carefully to think through some of the issues here, and their ideas are discussed in the President's Council's White Paper. 
 
Is the “stopped developing naturally” criterion a proper one to determine the death of an embryo? If not, what is? I think that the standard understanding of death is what we should bear in mind in thinking through the problem.  The core of that understanding is that an organism (at any developmental stage) is dead when it has irretrievably lost the capacity for integral organic functioning.  What we need to know is whether the cessation of cell division in an early embryo (reliably) means that the embryo has in fact irretrievably lost the capacity for integral organic functioning. This is the question that Drs. Landry and Zucker have set out to answer.
 
I hope these responses are helpful. One final point is that the Landry-Zucker strategy, even if successful, will not (alas) make the debate go away.  "Spare" embryos in crypreservation in assisted reproduction (IVF) clinics, whether they are living or dead, are all products of the genetic lottery.  This severely limits their utility in the most sophisticated scientific work--especiall if regenerative therapies are meant to come from stem cell research.  That is why there is such pressure for the use of cloning (somatic cell nuclear transfer) to create embryos whose genetic structure is controlled.  The truth is that the debate over federal restrictions on funding of research involving the destruction of IVF spare embryos is something of a side show.  The real issue is SCNT.  So the most important goal for those of us who oppose human embryo-creation and destruction is to find an alternative to cloning for the production of genetically controlled pluripotent cells.  The Landry-Zucker proposal won't do that.  There are, however, two promising avenues -- "altered nuclear transfer" and somatic cell "de-differentiation" (i.e., the epigenetic reprogramming of ordinary body cells, such as skin cell) -- both of which are explained and analyzed in the President's Council's White Paper.  (Since the publication of the Paper, advances in both of these areas have been made.  I would particularly mention work on altered nuclear transfer by Dr. Rudolf Jaenisch at MIT, published in Nature, and work on de-differentiation by Dr. Kevin Eggan of Harvard, published in Science. At the last meeting of the President's Council, I asked the staff to update the White Paper in light of the research by these scientists and others.  They should have the update on line in a month or two.)

What Islam Needs

In USA Today, Jonah Goldberg disputes the common assertion that Islam needs to undergo a Protestant Reformation; in his view, Islam already has countless Martin Luthers -- what it really needs is a pope.

Rob

Redefining Parenthood

The Institute for American Values and the Institute for Marriage and Public Policy have issued a new report, The Revolution in Parenthood: The Emerging Global Clash Between Adult Rights and Children's Needs.  Produced by the Commission on Parenthood's Future (including Don Browning, Jean Elshtain, Robert George, and John Witte), the principal author is Elizabeth Marquardt.  Here is an excerpt from the introduction:

Right now, our societies urgently require reflection, debate, and research about the policies and practices that will serve the best interests of children—those already born and those yet to be born. This report argues that around the world the state is taking an increasingly active role in defining and regulating parenthood far beyond its limited, vital, historic, and child-centered role in finding suitable parents for needy children through adoption. The report documents how the state creates new uncertainties and vulnerabilities when it increasingly seeks to administer parenthood, often giving far greater attention to adult rights than to children’s needs. For the most part, this report does not advocate for or against particular policy prescriptions (such as banning donor conception) but rather seeks to draw urgently needed public attention to the current revolutionary changes in parenthood, to point out the risks and contradictions arising from increased state intervention, and to insist that our societies immediately undertake a vigorous, child-centered debate.

Rob

Sunday, September 24, 2006

On Interrogation and Torture

Peggy Steinfels, over at dotCommonweal, links to this.  Click and read--including the comments.