Book contents
- Frontmatter
- Contents
- Acknowledgments
- Introduction
- PART ONE FIVE COMMON OBJECTIONS TO HUMAN REPRODUCTIVE CLONING REFLECT, REINFORCE, AND INSPIRE STEREOTYPES ABOUT HUMAN CLONES
- PART TWO ANTICLONING LAWS ARE BAD PUBLIC POLICY
- PART THREE ANTICLONING LAWS VIOLATE THE EQUAL PROTECTION GUARANTEE AND ARE UNCONSTITUTIONAL
- Conclusion
- Notes
- Index
Conclusion
Published online by Cambridge University Press: 26 July 2009
- Frontmatter
- Contents
- Acknowledgments
- Introduction
- PART ONE FIVE COMMON OBJECTIONS TO HUMAN REPRODUCTIVE CLONING REFLECT, REINFORCE, AND INSPIRE STEREOTYPES ABOUT HUMAN CLONES
- PART TWO ANTICLONING LAWS ARE BAD PUBLIC POLICY
- PART THREE ANTICLONING LAWS VIOLATE THE EQUAL PROTECTION GUARANTEE AND ARE UNCONSTITUTIONAL
- Conclusion
- Notes
- Index
Summary
Much has been written about human reproductive cloning, both pro and con. Comparatively little has been written about laws against human reproductive cloning. This book is my attempt to make three contributions to the literature on cloning and anticloning laws.
Part 1 explained why five common objections to cloning are false. The analysis revealed that the objections reflect, reinforce, and inspire a host of unfair stereotypes regarding human clones. Those stereotypes were then listed and discussed.
Part 2 showed how the five objections have inspired the proposal, application, and enactment of anticloning laws. Reasoning by analogy to antimiscegenation laws, I identified the anticloning laws as a form of existential segregation. This was followed by a systematic analysis of the costs of existential segregation and an explanation of how the segregation stigmatizes human clones. I weighed those costs against the putative benefits of the anticloning laws. This analysis led me to conclude that anticloning laws are bad public policy.
Part 3 staked out my most ambitious claim: anticloning laws are an unconstitutional violation of the equal protection guarantee. Someday, if human clones are born, I hope my analysis will provide them with a strategy for bringing a constitutional challenge to the laws that oppress them.
In addition, it is my hope that this book will make a contribution above and beyond the intertwined topics of cloning and anticloning laws. Existential segregation is not new; it has been injuring its victims since the dawn of our Republic.
- Type
- Chapter
- Information
- Illegal BeingsHuman Clones and the Law, pp. 213 - 216Publisher: Cambridge University PressPrint publication year: 2005