It probably suprises some readers that a blog on philosophy and politics, that spends a good deal of time discussing ethics and morality (either meta-ethical or applied) should spend so little time discussing possibly the most contentious ethical debate of the 21st century so far (in the UK at least). I refer of course to the Human Fertilisation and Embryology Bill.
Our silence on this matter, other than a comment by me on the issue of rhetoric in ethical debate, and Ac-1’s review of a public debate on genetic modification, is born out of two things. Firstly the acceptance that quite probably we will disagree, and secondly our mutually large workloads at the moment.
Anyway the debate itself now is getting much more heated across the nation, and the press is in overdrive. Today certain papers have a selection of contrasting public opinions on the debate, and from these I have decided to provide a descriptive analysis of the ethical debates taking place around this proposed legislation. As descriptive ethics is an empirical method there will be no value-judgements made as regards whether these proposals are morally right or wrong.
Who Is Right?
First of all obviously this debate has very well defined positions for and against, and indeed the more well-defined (and therefore more deeply entrenched) these viewpoints are, the more contentious and “nasty” the debate tends to be. Both sides then, those who support embyro research and those who do not, define themselves not only with regard to their own beliefs but also with regard to the beliefs of their opponents. Thus an arbitrary act of splitting occurs and the debate becomes one of binary opposites the good versus the bad – only from the panoromic view of the descriptive ethicist (that I am adopting here) these values are empty; for both sides naturally view themselves as being morally good in comparison to their morally deviant opponents.
Some examples from correspondances:
The main contents of the Human Fertilisation and Embryology Bill reveal to us the level of ungodliness to which this nations leaders have sunk.
and alternatively
Religion has always regarded science as its enemy, as the more we learn, the more difficult it is to keep faith.
Thus on the one hand the opponents of the HFE bill are able to define their morally righteous position in contrast to the morally decadant supporters of it. And alternatively one supporter of the bill characterises the views of the opposition as the death throws of outdated superstition. For the opponents of the bill who are religiously motivated the bills supporters are attacking the creation of God (the ultimate error) and are advocating an “unholy gospel” that is becoming an”evil religion in itself” or in other words the fundamental ‘godly’ values that underpin society are being attacked and thus society itself is in collapse. By perfect contrast one supporter of the bill who views all opponents as religious “loonies“, whilst admitting that science is neither perfect nor always succesful suggests it is nonetheless (in comparison to religion) in the vanguard of human progress for “without it mankind will only stagnate.”
First Analytical Conclusion Our first conclusion must be that from their respective positions, the values of the opposite is always incoherent. Thus one is either ungodly (aka evil) or one is superstitious (i.e. stupid). The moral rectitude of the one is only enhanced by the faults of the other. But from our panoramic viewpoint there is a serious problem, who defines Truth and Progress? In comparison to “God’s truth” all human truth seems irrelevant; or in comparison to metaphysical concepts the technological advances and innovations made possible by the natural sciences make all other “Progress” seem inadequate.
Thus already we should observe that there are mutually incompatible value systems in place, a difference as vast as binary form is from decimal.
Types of Argument For
Lets now look at the various types of argument that are being employed by either side – for when we consider the variety of these we should also be able to observe the different language games being employed.
Those who argue for the HFE proposals fall into three categories: the argument from scientific progress, the argument from scientific results, the argument for scientific method.
The argument from scientific progress. This argument is broadly deontological and objective. It argues that science is the best means we have of observing and understanding the material world and that the increase in scientific knowledge is commeansurable with human progress. Ergo if human progress is good, anything that increases scientific knowledge is good. As a result the ethical objections to embryo research (whether on religious grounds or not) are either a) irrelevant considerations altogether (scientific knowledge is always good) or b) of secondary concern (scientific knowledge is neutral it is its applications that may be morally evaluated).
This viewpoint I would suggest is the official scientific view (i.e. that of the professional institutional scientist.)
The argument from scientific results. This type of argument is broadly teoleological and consequentialist and often Personalist. Its first concern is end-results, and may be characterised by the simplistic formula “the ends justify the means.” This does not necessarily imply that “anything goes” but it measures the moral or ethical value of scientific research by its results. Again it is very “progress” orientated (and thus subjective in that respect). But interestingly it is also a type of argument that anticipates a retrospective justification (it is both forward and backward looking). As one correspondent argued:
Science may not always get it right, or produce the results we expect…
but, the implication is, without trying we would not know. The logic of this argument is fairly straightforward, the scientific method identifies a problem (in this case incurable illnesses) it proposes a solution (genetic modification) and establishes research protocols (stem cell research) and lists its requirements (embryos – among other things). Scientific researchers then propose a hypotheses, anticipates results, and justifies its research with expectant hope of success. It is not simply advocating tinkering around with a few embryos to see what happens. It has a specific telos/end in view. In this case the means of curing various thusfar incurable illnesses. (Incidentally when such research suceeds it provides evidence and rhetorical weight to the more objective views concerning the rectitude or primacy of the scientific method).
This sort of argument is also Personalist and in the forum of general debate can also become emotivist. It is important to point out that the actual scientific reasons for conducting this research are not personalist or emotivist (in general- though I would be suprised if this were universally true of all research). Therefore Personalist and Emotivist arguments are often employed by those scientists and non-scientists alike who stand to benefit from the success of the research.
Why should our son be denied a possible cure, remission or alleviatio of the chronic illness that threatens his life…?
and
As someone who could potentially derive great benefit from embryo research, I find it distressing to read that some… are against it.
also
I’m disgusted with those who are opposing further embyro research. Why? If your wife was, like mine, suffering from Alzheimer’s disease, you would think very differently on this matter, as any timy glimmer of hope would be a godly thing.
Although many scientists will point to the possible benefits of research and thus would employ teleological arguments, ordinarily such expectations would be based only on the objective beliefs that a) science is the best way to proceed, and b) that it has a proven track record.
This type of argument though is more strongly found in non-scientific supporters, those who stand to gain from any medical benefits procured by the research.
The argument for scientific method. This argument similar to the first argument is Objective and Deontological in nature, and indeed much like the argument from scientific progress it argues that the scientific method provides the best means for observing and understanding the world, and thus for producing results to encountered problems. But this type of argument can proceed beyond scientific practise into a form of scientism or scientific chauvenism, and can argue that its methods alone are the benchmark by which it should be judged and not alternative standards i.e. morality, religion, pseudoscience etc.
This type of arguing, generally found outside of the proffessional scientist class, has a tendency to focus not on the benefits or merits of its methods, aims, or results, but on the failings or inadequacies of its alternatives. Thus two types of logical fallacy tend to creep into these arguments, the argumentum ad hominem and the argument from authority. The best way in which to describe the approach of these arguments is to use a sporting cliche “playing the man, not the ball” in other words arguing on grounds other than the facts of the matter. Some examples are:
We oppose the Roman Catholic Church’s narrow minded, dogmatic objection…
and
our religious leaders are attempting to destroy advances in medical science…
or
I object to its disingenous propaganda and the sinister pressure it’s applying to elected politicians… If the Cardinals and bishops dont like living in a liberal, tolerant, progressive state, they should relocate to one where the prevailing views are more attuned to theirs…
must not impose a restriction on the majority of people who do not agree with their beliefs.
Conclusion on the arguments for
The first argument, that scientific research should be permitted despite external evalutaions, because all science adds to the pool of human knowledge and contributes to our progress, is a self-justifying argument. It makes sense from within the scientific language game, for it defines itself as rational and progressive. The only problem is that terms and concepts such as progress do not necessarily equate with truth or goodness. All three terms are intepreted and valued in different ways in different contexts. Does an increase in knowledge equate with progress or equate with goodness, and how do we judge if this is so?
The second argument the teleological one seems to me the most sensible – in terms of its not being self-referential or overtly chauvenistic. Its premise is simple, judge us by our deeds. Thus it can argue that certain scientific research is morally justifiable on account of its long-term or eventual benefits. There are however two caveats to this type of argument. i) consequentialist arguments assume that we can know what the consequences will be – can we be certain that the ends indeed justify the means – what if the research ultimately fails to find any cure? ii) Also such argumentation could be used to justify any amount of atrocious behaviour (depending on your perspective), i.e. the atomic bomb: the death of hundreds of thousands of “innocent” civilian lives at Hiroshima and Nagasaki ultimately hastened the end of the war and thus it is assumed fewer military casualties. Could one not from this example justify pre-emptive military strikes against any percieved threat?
The second part of the second argument, the personalist one, is for me a very understandable approach. The gung ho mentality of “he who dares wins” is particularly resonant. Nobody particularly likes illness or suffering least of all if the subject of that illness or suffering is the self or a close or loved one. But further to this general dislike of illness and suffering, it becomes particularly unpalatable when we discover that there is nothing medical science can do about it. Thus when research proposals dangle tantalizingly on a stick above those who are desperate and provides them with hope then a personalist and emotivist motivation for supporting those research proposals are understandable. But there are certain issues that need to be discussed – a personalist approach could be viewed by some as a selfish one (albeit understandable) and one may be inclined to ask about proportionality and perspective. There is also the concern that in the light of personalist motivations the objectivity of that person may be compromised – if we cannot be certain of the success of a research project is it wise to invest so much emotive hope in it or to arouse such emotive expectations for it? Finally there is the argument that in philosophical and rational debate there is no place for emotivist arguments whatsoever – is a consequentialist appeal about possible benefits an appropriate method of discussion?
Finally the third argument for is that from the scientific method. This tends to be more rhetorical and chauvenistic than the other arguments, and has a danger of descending into any number of logical fallacies. But if one was arguing on the grounds of proven track records why shouldnt one argue from authority? Or if one was absolutely convinced that the origins of the fault of the opposition view lay in the persons or motives behind that view (in this case the perception that the Church’s authority is being challenged) why shouldn’t these contextual pieces of information be presented?
Types of Argument Against
I am going to characterise the arguments against the HFE as being Catholic. By this I do not mean that they are solely Roman Catholic or exclusively religious, but that they are universal (the greek word being catholicos). And by universal I mean that most of the arguments against are very similar. The main one is the argument from the right of the unborn child. This argument takes two explicit forms firstly the cryto-religious view that has recourse either to notions of the soul, or to a view of life starting at conception. This form of argument is mostly Deontological and Objective, it argues that the embryo is a human being and has all the dignity and expectation of rights that any other human being (post-natal) has, including the right to life. That right to life – which in the religious language game is either a natural right or a right that is bestowed by God – is an absolute right, thus the opposition to the HFE bill is an opposition to the means irrespective of the ends. Thus a typicl expression of this view from the correspondances goes:
The creation of animal/human hybrids would be highly immoral and unethical. Even if a case could be proved that such a hybrid creatio had resulted in cures for diseases, this could never be justified since human lives should never be sacrificed.
Thus in this type of argument the operative view is that the embryo is a human being in essence if not wholly recognisably so in substance.
The second type of argument against HFE is curious insofar as it seems to straddle both Deontological and Teoleological categories. This is commonly known as the argument from potential. In classical embyro research and abortion dilemmas it establishes the objective rule that it is wrong to kill a human embryo because it has the potential to become a fully rights-laden human being. Furthermore some emotivist variations of this argument beg the question, what sort of a potential human being are we aborting – could it have become the scientist to discover the cure to “x”? This type of argument naturally also then has a sort of Consequentialist flavour to it, although it is more open ended than most consequentialist arguments as there is little way of knowing what type of a person the human embryo will become (in terms of personality and achievements to mankind) – indeed the same argument could be used bizarelly to justify abortion ‘just imagine what sort of monster we might be allowing to be born?’
With regards the HFE bill though this second type of argument is emerging a strongly rhetorical one. On the one hand there are those accusations that the research is of “Frankenstein” proportions. There are the accusations (false the scientists claim) that there will be half-human half-animal hybrid or chimeras created. But a further example of a Consequentialist-type argument is the speculation known as the slippery slope effect. What some critics of the bill ask about the possibility that one day scientists will allow or attempt to let the hybrid embryo go full term?
Conclusion on the arguments against
Just as with the arguments for, the arguments against tend to be deeply entrenched and reliant upon additional underlying values. In this case quite often the arguments rely upon a view of what constitutes a human being, or a view on when life begins. It is not an exclusively religious point of view either relying upon metaphysical notions such as the soul. For example there is an opinion described as longitudinal form that argues that “life” is not easily categorised into development stages – at least not so easily as to be able to take any stage out of context. Rather this view argues one must consider life as an organic continuum, and realise that the stages such as blastocyst, embryo, baby, prebubescent, adolescent, adult, geriatric etc. can only be observed in isolation and out of context. One does not step out of one developmental stage and then enter another, so much as morph from one to another. This argument proposes that the unborn child then as part of this longitudinal continuum should if any human is to be said to have rights, have them also from the moment of conception.
There is interestingly an absence of personalist arguments against the HFE legislation. This is not to say that such arguments do not exist, but that more often than not they would be considered less relevant than personalist arguments for. An example would be those who have lost children in the womb by miscarriage or abortion, or those who are unable to have children who feel that the harvesting and termination of so many emrbyo’s is wasteful.
Overall Conclusion the clash between language games
In conclusion I would just like to make some final observational statements. It should from the above analysis be fairly clear that in arguments for and against there is both a comparitive element of self-justification and a variety of differing emphases on means and ends – not to mention types of argument employed.
But it is this element of comparitive self-justification that interests me the most for it seems to confirm for me a theory of cognitive relativism (this is an observational theory and has no relation to moral relativism). The form of cognitive relatvism that it seems to fit best is in my opinion an ethical version of language games theory.
In this hypotheses, there is an action or a proposition with certain aims and methods – in our case embryo research. In order to enable these actions legislation must be passed, and accordingly a debate about the merits or lack thereof of the proposed action must be held. In such a situation it is feasible that everybody involved in the debate may agree that the proposed actions are justifiable and the consensus may be that it is the right thing to do. Thus the proposed action is approved of and is described in terms of moral or ethical approval. It is even possible that such approval can then be transformed into an ethical standard, held up as an example of the right that should be emulated, and this in turn can then transform into ethical propositions i.e. ought statements.
But there are also circumstances (as here) where there is neither agreement nor any reasonable grounds to believe that consensus may be reached. It appears that those who are for and those who are against the proposed action (HFE bill) are so well-set in their beliefs that what we have may be described as an ethical dilemma.
What is characteristic is that both sides will self-referentially i.e. for their own reasons and motives adjudge themselves to be holding the right or morally correct position. But furthermore they will also define their righteousness by comparison with the opposite view which will be described and characterised as everything that the right is not.
Interestingly though for our analysis it must be said that in this case (as in so many seriously contrasting either/or cases) an ethical dilemma is more of a clash of mutually incoherent forms of life (worldviews).
The Church is putting the ‘interests’ of clumps of cells, with no consiousness, brain or organs, ahead of human beings who are sentient and suffering…
That comment by a support of the bill neatly sums up the irreconciliable difference between the two forms of life that clash and correspond to the for and against arguments in the HFE bill. Those who support the bill either de-emphasize or outright deny the humanity of the embryo, whereas those against the bill see the embryo as fully human in essence and potential. Those who support the bill deny or limit the claims of the embryo to any rights when compared to the fully formed adult, those against the bill believe those rights to be applicable either by necessity or by extension.
Both the fors and the against use strongly deontological and objective arguments, or if not manifest in the arguments themselves these tendencies can be found in the underlying assumptions of both be it the materialist view of the merits of scientific method and its sole claim to progress, or the view that life begins at conception.
Both the fors and against use broadly consequentialist views and both suffer from the same potential uncertainties that plague such arguments. The potentiality of an embyro is undermined by the large uncertainty that it would ever attach to the wall of the womb, develop full-term, live long after birth etc. Similarly for all the hope and expectation attached to the proposed research there is no copperfastened guaruntee that it will suceed, or that any of the possible cures posited will be attained.
In a descriptive overview such as this it would be inappropriate to make value-laden judgements and promote one argument over another. Thus I will avoid any prescriptive propositions concerning the actual case itself. But three things do occur to me that are worthy of note.
1- the alienating danger of personalist and emotivist arguments – In the HFE scenario much is at stake for its supporters and its detractors not least in terms of credibility, but most of all in terms of results. Personalist and emotivist arguments though I would not exclude them as irrational or less-rational than other detached arguments are nonetheless inflammatory and potentially dangerous rhetorical tools. It is not in the interests of humanity as a whole for society to fragment and to alienate groups of each other on account of mutually incompatible or incoherent beliefs. To falsely characterise research scientists as evil-doers hell bent on creating monsters or to attach blame to the religious opponents of such research as the cause of much unneccessary suffering -particularly when the outcome is always less then certain – is to benefit nobody. Thus in the field of rational ethical debate a certain clinical detachment would be advisable as would be the self-regulatory limitation of rhetoric for political reasons masquerading as philosophical debate.
2- A step-back from the cauldron of debate ought to be a necessary part of clinical detachment, and the recent arguments concerning the language used to describe animal/human hybrids needs to be reviewed. As I mentioned in an earlier post of mine, it needs be noticed that the terms of the legislation and thus attacks against the terms of the legislation should not be interpreted as attacks against the research proposal and the researchers themselves even though the moral position may not be altogether different. Thus although the proposal of the researchers may be to use the husk of an animal egg as a receptacle for a human nucleus (with an animal to human ration of 1:99 if not greater) the wording of the legislation itself is vague enough that the ’spectre’ of a 50/50 animal/human hybrid is sufficient enough in the minds of its opponents to warrant mentionand criticism. Thus the proposed law and not the proposed research is not being attacked.
3- Thus the relative strengths and weaknesses of the consequentialist argument must be mutually appreciated. For although the supporters of the HFE bill are strongly critical of the slippery-slope style argument that condemns the current research proposals on the basis of its potential extreme manifestations i.e. the possibility that one day a 50/50 chimera may be created and allowed to develop full-term – the supporters of the HFE bill are also reliant upon an inverse formula of the slippery-slope argument (what I would call the idealised mountain-top) by having constant recourse to the possible (as opposed probable which has less rhetorical strength) benefits such research could accrue.
However although this style of argument may be valid – no matter how irritating the rhetoric employed, once more clinical detachment is advisable. To condemn the current research scientists and their proposals on account of future faults is unfair, unscientific, obscurantist and an example of “playing the man not the ball” – but it is similarly mistaken to expect that such a slippery slope argument not be employed when it would be unfair to demand of these particular research scientists to make promises on behalf of all subsequent scientists and research projects in the future. Although 50/50 human animal chimeras are not the desired telos of this research it is valid to be concerned by virtue of procedural deterioration that one day this may be the desired telos. A procedural deterioration being where a boundary or a taboo has been crossed further encroachments inevitably entail as the shocking effect recedes.
It is hard as a cognitive relativist at times not to despair that mutual incoherence will ever be overcome and to believe that people/groups will always shout past each other on account of too strongly held underlying views. But it is somewhat conciliatory to believe and hope that we should have the freedom to disagree and debate from our own language game/forms of life perspectives in these ways.
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