Illegal Beings: Human Clones and the Law

Illegal Beings: Human Clones and the Law

by Kerry Lynn Macintosh
     
 

ISBN-10: 0521853281

ISBN-13: 9780521853286

Pub. Date: 07/31/2005

Publisher: Cambridge University Press

Many people think human reproductive cloning should be a crime-some states have even outlawed it and Congress is working to enact a national ban. However, if reproductive cloning soon becomes a reality, it will be impossible to prevent infertile couples and others from choosing the technology, even if they have to break the law. While most books on cloning cover the…  See more details below

Overview

Many people think human reproductive cloning should be a crime-some states have even outlawed it and Congress is working to enact a national ban. However, if reproductive cloning soon becomes a reality, it will be impossible to prevent infertile couples and others from choosing the technology, even if they have to break the law. While most books on cloning cover the advantages and disadvantages of cloning technology, Illegal Beings describes the pros and cons of laws against human reproductive cloning. Kerry Lynn Macintosh, an attorney with expertise in the area of law and technology, argues that the most common objections to cloning are false or exaggerated, inspiring laws that stigmatize human clones as subhuman and unworthy of existence. She applies the same reasoning that was used to invalidate racial segregation to show how anti-cloning laws, by reinforcing negative stereotypes, deprive human clones of their equal protection rights under the law. Her book creates a new topic within constitutional law: existential segregation, or the practice of discriminating by preventing the existence of a disfavored group or class. This comprehensive and novel work looks at how anti-cloning laws will hurt human clones in a fresh perspective on this controversial subject. Kerry Lynn Macintosh is a member of the Law and Technology faculty at Santa Clara University School of Law. She is the author of papers, articles, and book chapters on the law and technology and has contributed to the Harvard Journal of Law and Technology, Boston University Journal of Science and Technology Law, and Berkeley Technology Law Journal.

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Product Details

ISBN-13:
9780521853286
Publisher:
Cambridge University Press
Publication date:
07/31/2005
Edition description:
New Edition
Pages:
286
Product dimensions:
5.98(w) x 8.98(h) x 0.83(d)

Table of Contents

Introduction; Part I. Five Common Objections to Human Reproductive Cloning Reflect, Reinforce, and Inspire Stereotypes about Human Clones: 1. Does human reproductive cloning offend God and nature?; 2. Should children be begotten and not made?; 3. Do human clones lack individuality?; 4. Could human clones destroy humanity?; 5. Does human reproductive cloning harm participants and produce children with birth defects?; Part II. Anti-Cloning Laws Are Bad Public Policy: 6. What anti-cloning laws say and do; 7. The five objections have inspired anti-cloning laws; 8. Anti-cloning laws reflect a policy of existential segregation; 9. The costs of anti-cloning laws outweigh their benefits; Part III. Anti-Cloning Laws Violate the Equal Protection Guarantee and Are Unconstitutional: 10. Anti-cloning laws classify human clones and are subject to strict scrutiny; 11. Anti-cloning laws inflict judicially cognizable injuries that confer standing; 12. Anti-cloning laws violate the equal protection guarantee; Conclusion.

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