When Pigs Fly Chimeras Cyborgs Stanford

When Pigs Fly?:When Pigs Fly?: Legal and Ethical Issues in the Creation Legal and Ethical Issues in the Creation

of Chimeras and Cyborgsof Chimeras and Cyborgs

Linda MacDonald Linda MacDonald

GlennGlennStanford Center for Stanford Center for Biomedical EthicsBiomedical Ethics

Palo AltoPalo AltoSeptember 24, 2003September 24, 2003

Linda MacDonald Glenn2

Linda MacDonald Glenn, JD, LLMLinda MacDonald Glenn, JD, LLM

Former Senior Fellow, Institute for Ethics, Former Senior Fellow, Institute for Ethics, American Medical Association.*American Medical Association.*

LL.M. in Biomedical Ethics from McGill LL.M. in Biomedical Ethics from McGill University, Montreal, CanadaUniversity, Montreal, Canada

Recent publication: Recent publication: Biotechnology at the Biotechnology at the Margins of Personhood: An Evolving Legal Margins of Personhood: An Evolving Legal Paradigm Paradigm in the Journal of Evolution and in the Journal of Evolution and Technology, Vol. 13, Mar 2003, available at Technology, Vol. 13, Mar 2003, available at www.jetpress.orgwww.jetpress.org

In a former life, trial lawyer and advocate.In a former life, trial lawyer and advocate.


Purposes of PresentationPurposes of Presentation

Current developments in Current developments in Transgenics, the creation of Transgenics, the creation of chimeras, and cyborgschimeras, and cyborgs

Ethical definitions Ethical definitions Legal implicationsLegal implications


Part 1 – Current Part 1 – Current Developments in Transgenics Developments in Transgenics

and Chimerasand Chimeras


Flying Pigs?Flying Pigs?


True or False?True or False? Amherst, Massachusetts:Amherst, Massachusetts: Human cells inserted into cows’ Human cells inserted into cows’

eggs at Advanced Cell Technology to make cloned human eggs at Advanced Cell Technology to make cloned human embryosembryos

Seoul, Korea:Seoul, Korea: Human embryonic cells inserted into mouse Human embryonic cells inserted into mouse embryos at Maria Biotech resulting in the birth of “hu-embryos at Maria Biotech resulting in the birth of “hu-mice” having some human genesmice” having some human genes

Bethesda, Maryland:Bethesda, Maryland: Human genes injected into rat Human genes injected into rat embryos at the National Institutes of Mental Health embryos at the National Institutes of Mental Health resulting in a colony of intelligent ratsresulting in a colony of intelligent rats

Cambridge, England:Cambridge, England: Human white blood cells injected Human white blood cells injected into frog eggs at Cambridge University transforming the into frog eggs at Cambridge University transforming the human cells into embryo-like cells with stem cell human cells into embryo-like cells with stem cell propertiesproperties


A.A. Amherst, Massachusetts: Human cells were inserted Amherst, Massachusetts: Human cells were inserted into cows’ eggs at Advanced Cell Technology to make into cows’ eggs at Advanced Cell Technology to make

cloned human embryoscloned human embryos

TRUETRUE


B.B. Seoul, Korea: Human embryonic cells were Seoul, Korea: Human embryonic cells were inserted into mouse embryos at Maria Biotech inserted into mouse embryos at Maria Biotech resulting in the birth of “hu-mice” rodents resulting in the birth of “hu-mice” rodents having some human geneshaving some human genes

TRUETRUE


CC.. Bethesda, Maryland: Human genes were injected Bethesda, Maryland: Human genes were injected into rat embryos at the National Institutes of into rat embryos at the National Institutes of Mental Health resulting in a colony of intelligent Mental Health resulting in a colony of intelligent ratsrats

New York: Simon & Schuster Children’s Publishing Division, 1971

FALSEFALSE


Frog eggs rejuvenate human cells

Nature Science Update

July 15, 2003July 15, 2003

John Gurdon at Cambridge University injected John Gurdon at Cambridge University injected Xenopus frog eggs with nuclei from adult human Xenopus frog eggs with nuclei from adult human white blood cells, “reprogramming” them to white blood cells, “reprogramming” them to behave in a stem cell-like way.behave in a stem cell-like way.

DD.. Cambridge, England: Human white blood cells were injected Cambridge, England: Human white blood cells were injected into frog eggs at Cambridge University transforming the into frog eggs at Cambridge University transforming the human cells into embryo-like cells with stem cell human cells into embryo-like cells with stem cell propertiesproperties

TRUETRUE


How many did you get right?How many did you get right?

Amherst, Massachusetts: Human cells inserted into cows’ eggs at Amherst, Massachusetts: Human cells inserted into cows’ eggs at Advanced Cell Technology to make cloned human embryosAdvanced Cell Technology to make cloned human embryos

Seoul, Korea: Human embryonic cells inserted into mouse embryos Seoul, Korea: Human embryonic cells inserted into mouse embryos at Maria Biotech resulting in the birth of “hu-mice” having some at Maria Biotech resulting in the birth of “hu-mice” having some human geneshuman genes

Bethesda, Maryland: Human genes injected into rat embryos at the Bethesda, Maryland: Human genes injected into rat embryos at the National Institutes of Mental Health resulting in a colony of National Institutes of Mental Health resulting in a colony of intelligent ratsintelligent rats

Cambridge, England: Human white blood cells injected into frog Cambridge, England: Human white blood cells injected into frog eggs at Cambridge University transforming the human cells into eggs at Cambridge University transforming the human cells into embryo-like cells with stem cell propertiesembryo-like cells with stem cell properties

TRUETRUE

TRUETRUE

NOT NOT YETYET

TRUETRUE


Plant – Nonhuman Animal – Human Plant – Nonhuman Animal – Human Interface(s)Interface(s)

DNA of human and nonhuman animal DNA of human and nonhuman animal tumor fragments inserted into tobacco tumor fragments inserted into tobacco DNA, harvested, potential vaccine for DNA, harvested, potential vaccine for lymphoma extracted (see CropTech and lymphoma extracted (see CropTech and Large Scale Biology ) Large Scale Biology )

www.grain.org/publications/dec001-en-p.htmwww.grain.org/publications/dec001-en-p.htm


Nonhuman Animal – Nonhuman Nonhuman Animal – Nonhuman Animal interfaceAnimal interface

““Spidergoats”: a Spidergoats”: a Canadian biotech Canadian biotech company has spliced company has spliced the genes of spider’s the genes of spider’s genome that spin genome that spin spiderwebs (one of the spiderwebs (one of the strongest fibers known strongest fibers known to mankind) into the to mankind) into the genome of a goat, genome of a goat, creating a product creating a product called called BioSteelBioSteel®®


Human – Nonhuman animal interface(s)Human – Nonhuman animal interface(s)

Gene-Altered Pigs Cloned: Step Lifts Hopes for Gene-Altered Pigs Cloned: Step Lifts Hopes for Transplants in Humans (Washington Post, January Transplants in Humans (Washington Post, January 3, 2002, E05)3, 2002, E05)

Human kidneys grown in mice Human kidneys grown in mice http://news.bbc.co.uk/2/low/health/2595397.stmhttp://news.bbc.co.uk/2/low/health/2595397.stm

On January 20, 1999, the European Patent Office On January 20, 1999, the European Patent Office (EPO) granted a patent (EP 380646) to an AUS (EPO) granted a patent (EP 380646) to an AUS company (Amrad) for a method to produce human-company (Amrad) for a method to produce human-animal chimeras.animal chimeras.

But in the USA, June 1999, patent application for But in the USA, June 1999, patent application for “humanzee” by biotech critic Jeremy Rifkin denied “humanzee” by biotech critic Jeremy Rifkin denied by PTO – currently on appeal.by PTO – currently on appeal.


Nonhuman animal – machine Nonhuman animal – machine interface(s)interface(s)


Human animal machine Human animal machine interface(s)interface(s)

•Computer scientists predict that Computer scientists predict that within the next twenty years neural within the next twenty years neural interfaces will be designed that will interfaces will be designed that will

not only increase the dynamic not only increase the dynamic range of senses, but will also range of senses, but will also enhance memory and enable enhance memory and enable

"cyberthink" — invisible "cyberthink" — invisible communication with others. communication with others.

•This technology will facilitate This technology will facilitate consistent and constant access to consistent and constant access to information when and where it is information when and where it is

needed.needed.


The Race to become the first human The Race to become the first human cyborgcyborg

Kevin Warwick head of Kevin Warwick head of the Cybernetics the Cybernetics Department at the Department at the University of Reading University of Reading claims to be the first claims to be the first human guinea pig. (human guinea pig. (www.www.kevinwarwickkevinwarwick.com.com))


Race for cyborgs,cont’d…Race for cyborgs,cont’d…

University ofUniversity of Toronto Toronto professor Steven Mann professor Steven Mann describes himself as describes himself as the world’s only full-the world’s only full-time cyborg.time cyborg.


Yorick, FDA kids websiteYorick, FDA kids website

Electronic devices and Electronic devices and mechanical parts mechanical parts

Glass eye, silicon Glass eye, silicon nose, ear, gel-filled nose, ear, gel-filled chin, cochlear implant, chin, cochlear implant, neural implantneural implant


Implications of Creating New Life Implications of Creating New Life FormsForms

Further advances in the blending of nonhuman Further advances in the blending of nonhuman animal and human DNA could result, intentionally animal and human DNA could result, intentionally or not, in chimeric entities possessing degrees of or not, in chimeric entities possessing degrees of intelligence or sentience intelligence or sentience never before seen in never before seen in nonhuman animalsnonhuman animals

Similarly, the blending of biological and Similarly, the blending of biological and cybernetic materials could result in sentience cybernetic materials could result in sentience never seen before in machinesnever seen before in machines


Part 2 – Ethical DefinitionsPart 2 – Ethical Definitions


Some Historical Perspectives on Some Historical Perspectives on Humanity and PersonhoodHumanity and Personhood

Traditional Western philosophy has Traditional Western philosophy has assumed that humanity is a necessary assumed that humanity is a necessary precondition to personhood. (e.g. Great precondition to personhood. (e.g. Great Chain of Being)Chain of Being)

Alternate viewsAlternate views But, what does it But, what does it mean mean to be to be

“human?”“human?”


Great Chain of BeingGreat Chain of Being

Humans have held a special place in the Great Chain of Being: Humans have held a special place in the Great Chain of Being:

God

Angels

Man

Animals

Plants

Earth


The Great Chain of Being also reflects:The Great Chain of Being also reflects:

Traditional Judeo-Christian Traditional Judeo-Christian valuesvalues

Kantian secular notion of the Kantian secular notion of the rational man as reigningrational man as reigning

Views of the Earth as the Center Views of the Earth as the Center of the Universe (pre-Galileo and of the Universe (pre-Galileo and Copernicus)Copernicus)


Alternate worldviews of humanityAlternate worldviews of humanity

ManMan AnimalAnimal

The Universe and the The Universe and the Spiritual RealmSpiritual Realm

Earth Earth PlantsPlants

The Circle of The Circle of Interdependence: this Interdependence: this perspective reflects the perspective reflects the non-hierarchical non-hierarchical interdependent interdependent relationship between relationship between man and the earth and man and the earth and its inhabitantsits inhabitants


Would it help to have a Biological Would it help to have a Biological Definition?Definition?

A genetic definition is problematic – even a slight A genetic definition is problematic – even a slight rearrangement in genes can result in an entirely rearrangement in genes can result in an entirely different creaturedifferent creature

What about a species definition? But which What about a species definition? But which species concept? Morphological? Typological? – species concept? Morphological? Typological? – Darwin argued that species are artificial constructs Darwin argued that species are artificial constructs and not “real” entities in nature and not “real” entities in nature


Alternate View of Humanity, continued….Alternate View of Humanity, continued….

Biological species? –Homo Biological species? –Homo Sapiens? But members of the same Sapiens? But members of the same genus can interbreed if the correct genus can interbreed if the correct number of chromosomes is present, number of chromosomes is present, and although the offspring are often and although the offspring are often sterile, this is a statistical sterile, this is a statistical probability, not a steadfast rule. probability, not a steadfast rule. Also artificial reproduction may Also artificial reproduction may change (see ANDi, the transgenic change (see ANDi, the transgenic monkey) the statistics.monkey) the statistics.


Joseph Fletcher’s 15 Propositions for Joseph Fletcher’s 15 Propositions for PersonhoodPersonhood

1. minimum intelligence, 2. self-awareness, 3. self-control 4. a sense of time 5. a sense of futurity 6. a sense of the past 7. the capability of

relating to others,

8. concern for others, 9. communication 10. control of existence 11. curiosity, 12. change and

changeability 13. balance of rationality

and feeling, 14. idiosyncrasy 15. neocortical

functioning


Alternative Views Humanity, Alternative Views Humanity, continued…continued…

Joseph Fletcher:

Cyborgs and Chimeras – no ethical difference: An Artificial Kidney is the same as transplanting an Animal Kidney

Chimeras and Parahumans can be designed and used for dangerous or demeaning jobs.

Advocated creation of a “slave race”


Part 3 Legal ImplicationsPart 3 Legal Implications


Current Legal SpectrumCurrent Legal Spectrum

U.S. Supreme Court cases provide a spectrum:

1. “Natural” Persons (e.g. aliens, minors, illegitimate children) to

2. “Juridical” Persons (e.g., corporations, labor unions, municipalities, government units.

3. No current legislative nor statutory definition


Property – Personhood Property – Personhood Dichotomy in LawDichotomy in Law

Historically, nonhuman animals have been Historically, nonhuman animals have been considered “property”, considered “property”,

Slaves, women, and children were regarded Slaves, women, and children were regarded as mere chattel until mid-to-late 1800’s and as mere chattel until mid-to-late 1800’s and early 1900’searly 1900’s

Yet, nonhumans entities, such as Yet, nonhumans entities, such as corporations and ships have been corporations and ships have been recognized and given rights as “persons”recognized and given rights as “persons”


Personhood – Property Dichotomy Personhood – Property Dichotomy continued…continued…

If historical notions of personhood prevail, If historical notions of personhood prevail, we run the risk of denying essential basic we run the risk of denying essential basic liberties to intelligent, sentient beingsliberties to intelligent, sentient beings

We need to ask: “How can we preserve We need to ask: “How can we preserve human rights and dignity despite the fact human rights and dignity despite the fact that our “humanness” may no longer be the that our “humanness” may no longer be the exclusive possession of exclusive possession of Homo SapiensHomo Sapiens??


From Property to quasi-persons? From Property to quasi-persons?

At least three states have had their highest court At least three states have had their highest court recognize that companion animals have a moral recognize that companion animals have a moral and legal status superior to inanimate propertyand legal status superior to inanimate property

Several states have legislation pending to Several states have legislation pending to recognize the samerecognize the same

Dead body cases (Ted Williams)Dead body cases (Ted Williams) Frozen embryo disputesFrozen embryo disputes


Legal implications, continued…Legal implications, continued…

If transgenic creatures are worthy of moral If transgenic creatures are worthy of moral status and respect, where would these rights status and respect, where would these rights come from? come from?

Examples: Courts, legislatures, UN Examples: Courts, legislatures, UN Declarations, proclamationsDeclarations, proclamations


United Nations ResolutionUnited Nations Resolution

Resolution A-RES-37-7, the World Charter Resolution A-RES-37-7, the World Charter for Nature, declares:for Nature, declares:

Every form of life is unique, warranting Every form of life is unique, warranting respect regardless of its worth to man, respect regardless of its worth to man, and to accord other organisms such and to accord other organisms such recognition, man must be guided by a recognition, man must be guided by a moral code of action.moral code of action.


One Proposed Statutory DefinitionOne Proposed Statutory Definition

The term "human being" means: The term "human being" means:

(i) any entity possessing one or more of the (i) any entity possessing one or more of the higher faculties such as: the ability to reason higher faculties such as: the ability to reason (including, but not limited to, the ability to use (including, but not limited to, the ability to use facts and argue them, to arrive at conclusions facts and argue them, to arrive at conclusions from premises in a logical manner, to explain from premises in a logical manner, to explain observed phenomena and to form beliefs based observed phenomena and to form beliefs based on facts)on facts)


Proposed definition, continued…Proposed definition, continued…

the ability to evaluate principles and observations to the ability to evaluate principles and observations to arrive at reasoned decisions; arrive at reasoned decisions; oror

the ability to formulate speech and communicate; the ability to formulate speech and communicate; oror the ability to write; the ability to write; oror the ability to develop meaningful personal relationships the ability to develop meaningful personal relationships

with other human beings on the basis of equality; with other human beings on the basis of equality; oror the demonstration of awareness of self as a unique and the demonstration of awareness of self as a unique and

separate being; the ability to feel concern for others; separate being; the ability to feel concern for others; oror or any other higher faculty; or any other higher faculty; oror


Proposed definition, continued…Proposed definition, continued…

(ii) any creature born of the ovum and sperm of parents who are human beings, whether or not the union of ovum and sperm was in utero, and whether or not the genetic material of the resulting embryo was scientifically altered.


Conclusions and Conclusions and RecommendationsRecommendations


God Angels

Humanity

Animals

Plants Earth

Humanity/PersonhoodHumanity/Personhood

The Great Chain of Being will yield to an The Great Chain of Being will yield to an alternative Pyramid of Beingalternative Pyramid of Being

(Moral Paradigm)(Moral Paradigm)


Personhood-Property Continuum Personhood-Property Continuum EvolvesEvolves……

As different forms of chimeras and As different forms of chimeras and cyborgs are created in the technical cyborgs are created in the technical environments, the courts must environments, the courts must determine where these creations fall determine where these creations fall on the continuum of personhood. on the continuum of personhood.


Personhood-Property Continuum Personhood-Property Continuum EvolvesEvolves……

At one end of the spectrum, Inanimate At one end of the spectrum, Inanimate Objects that cannot sufferObjects that cannot suffer

Towards the center of the spectrum, Quasi-Towards the center of the spectrum, Quasi-property, Quasi-personhood with a baseline property, Quasi-personhood with a baseline of negative liberties*of negative liberties*

At the other end, the Kantian ideal with full At the other end, the Kantian ideal with full rights and responsibilitiesrights and responsibilities..


Property-Personhood ContinuumProperty-Personhood Continuum(Proposed Legal Paradigm)(Proposed Legal Paradigm)

Property Property

(Inanimate Objects)(Inanimate Objects)

Full PersonhoodFull Personhood

(Attendant rights (Attendant rights & &

responsibilities)responsibilities)

Quasi-propertyQuasi-property

(Chimeric Humanoids)(Chimeric Humanoids)

Fetuses EmbryosFetuses Embryos

Ex UteroEx Utero

Cyborgs Cyborgs AndroidsAndroids

A/IA/I

Negative LibertiesNegative Liberties

Biotechnology at the Margins of Personhood: An Evolving Legal Paradigm, J. of Evolution and TechnologyBiotechnology at the Margins of Personhood: An Evolving Legal Paradigm, J. of Evolution and Technology

Cognitively impaired Cognitively impaired


For the future:For the future:

Expect intense cross-Expect intense cross-disciplinary debate, disciplinary debate,

discussion, as new intelligent discussion, as new intelligent life is created through life is created through

biotechnologybiotechnology..


Thank you for attention!Thank you for attention!

For Bibliography and References feel For Bibliography and References feel free to contact me at:free to contact me at:

[email protected]@biomedlaw.com

When Pigs Fly Chimeras Cyborgs Stanford

Technology

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human dna

human genes true

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human genes bethesda

cloned human embryos

cloned human embryos

adult human white blood