Genetics and the Law II

Front Cover
Springer Science & Business Media, Nov 11, 2013 - Science - 480 pages
The law is a mandate and a mirror; it both commands and reflects. It should not come as a shock that scientists and physicians often prefer the mirror at times when society seems to be demanding a mandate. This may be especially true in the rapidly advancing field of medical genetics, where recent discoveries leading to potentially startling applications have raised old questions of law in a new light. Nevertheless, we believe that in general the conflict between the law and science, as illustrated in the field of genetics, is embroi dered with exaggeration. The Chief Justice of the United States Supreme Court, Warren Burger, has noted that "the prime function of the law is to protect basic human values--individual human values--sometimes even at the expense of scientific progress"; and that "it is not the function of the law to keep pace with science." While both of these statements are true as far as they go, we believe the law must make an affirmative effort to anticipate scientific developments so that those beneficial to society can be nurtured rather than stultified. It was to nurture cooperation and understanding that we brought together a distinguished faculty of internationally known experts on law and genetics to discuss their fields in 1975.
 

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Contents

DANGEROUS PRODUCTS Powers OR IDEAs
3
RESEARCH AND REGULATION
9
ETHICAL ISSUES IN THE CONTROL OF SCIENCE
19
THE SCIENTISTs RIGHT TO RESEARCH AND THE LEGITIMACY
29
PUBLIC CONTROL OF GENETIC RESEARCH
41
ON MANDATING DIAGNOSTIC PRACTICES
51
PRENATAL GENETIC DIAGNOSIS AND THE LAW
61
THE LEGAL OBLIGATIONS OF GENETIC COUNSELORS
69
RIGHTS AND OBLIGATIONS
259
GENETICS ADOPTION AND THE LAW
269
PUBLIC ATTITUDES TOWARD THE HANDICAPPED
295
DEVELOPMENTS IN THE RIGHT TO TREATMENT
305
BEYOND THE BEST INTERESTS
331
CURRENT STATUS OF in Vitro FERTILIZATION AND REIMPLANTATION
345
LEGAL IMPLICATIONS AND REGULATION OF in Vitro FERTILIZATION
351
ISSUES IN HUMAN MUTAGENESIS AND TERATOGENESIs
375

THE CONTINUING WRONG OF WRONGFUL LIFE
81
THE LAw AND OPERATION OF GENETIC SCREENING PROGRAMs
97
IN SEARCH OF THEIR ROOTS
121
DOCTORS DECISIONS AND THE LAW
153
ETHICS AND THE COSTS OF DYING
187
RECENT DEVELOPMENTS IN ABORTION LAW
213
PRECONCEPTION AND PRENATAL TORTs
225
GoverNMENTAL RESPONSIBILITIES IN GENETIC DISEASEs
237
LEGAL REGULATION OF ENVIRONMENTAL RISK
399
A CLINICAL AND ETHICAL DILEMMA
407
REGULATORY POLICY FOR MUTAGENS AND TERATOGENs
413
DEVELOPING A GoverNMENT POLICY FOR THE REGULATION
421
BIBLIOGRAPHY OF SELECTED RECENT BOOKS IN BIOETHICS
441
INDEX
475
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