This is an excerpt from an article published in the
September 2005 Kennedy Institute of Ethics Journal. Kass,
Leon R. "General Observations and Challenges," from "Reflections
on Public Bioethics: A View from the Trenches." 15 Kennedy Institute
of Ethics Journal 221, 244-250. The article is based on a plenary
lecture to the American Society for Bioethics and Humanities on October
28, 2004.
GENERAL OBSERVATIONS AND CHALLENGES
So how, then, do we measure success or failure in this enterprise
of ours? It is very hard to know. That many are firing at us, from
both left and right, might be taken as a sign that we are having
an impact, if only as an irritant. But, more seriously, it is possible
to say something with regard to the specific functions that we were
created to discharge.
Regarding our educational function and the goal of increasing public
understanding, the record is mixed. If we are talking about educating
policymakers, one thing I have learned in Washington is that it
is very hard to educate anyone about an issue unless you are prepared
to tell them what they ought to do. Absent specific policy recommendations,
busy legislators and government officials are not going to take
the time to read lengthy reports and ponder. For this reason, I
suspect that several of our projects have done little to advance
public understanding in these narrow quarters. But regarding the
wider public, I believe that the news is clearly much better. The
Council’s website is highly used. And three of our publications
have been re-published by commercial publishers with the express
goal of getting them into circulation for college and university
teaching. [Human Cloning and Human Dignity; Beyond Therapy:
Biotechnology and the Pursuit of Happiness; and Being Human.]
Testing the educational value of these materials is, of course,
partly up to readers of this journal: try them out; see if they
do the job.
With respect to serving as a forum for national debate about bioethical
issues, the Council has received an enormous amount of attention,
and much ink has been spilled about us, most of it not on matters
of substance. But we increasingly see references to our work, and
the Beyond Therapy report in particular has stimulated a great deal
of discussion on enhancement issues. In addition, we have contributed
to a much wider public debate—about stem cell research or
cloning or the regulation of biotechnologies—than occurred
before we started our work.
On specific policy issues, we thus far have had no demonstrable
effect. Our recommendations in the cloning report were not picked
up legislatively. Yet it is too soon to tell what will happen to
the recommendations from the Reproduction and Responsibility report:
it was issued just as the 2004 election season shifted into high
gear, and we must wait to see whether it can garner any legislative
interest and support in the new Congress. I remain guardedly optimistic
on this score. In other respects, I do believe that our work has
been influential, for example, in encouraging various professional
groups to re-examine and improve their own monitoring practices
and tighten their own guidelines. Prodded in part by the attention
we have given their activities over the past two years, the American
Society for Reproductive Medicine has been revising several of its
ethical positions and practice guidelines. In a most important new
development, the Society has called for a significant reduction
in the number of embryos transferred during IVF procedures, seeking
to decrease the incidence of multiple births, the single largest
cause of disability in the children born using assisted reproductive
techniques (Practice Committee 2004).
Finally, concerning our charge to conduct fundamental enquiry into
the human and ethical significance of biomedical advance, one must
confess that such enquiry is hard to pursue with a fractious bunch
of professors. Yet I do think we have succeeded in enlarging the
terms of the debate. And we have given much greater visibility to
questions of the goodness of human ends and to questions about the
character of the society that we are creating—and wish to
create—with the aid of new biotechnologies.
This larger vision of the purpose of bioethics has been central
to our work, and I hope it also will be our lasting legacy to the
field. In the age of biotechnology, bioethics must do more than
take up various techniques, and measure them to see if they might
run afoul of beneficence, respect, and justice, and then move along.
We have become quite good at noticing dangers to life, threats to
freedom, risks of discrimination, signs of exploitation, and interference
with the pursuit of pleasure. These are important, to be sure, but
they are also the sorts of dangers that society is already very
much “on alert” to avoid. Bioethics should attend to
these, but it must also do us all the service of leaning against
our modern inclinations and correcting for our excesses. This means
that it must do much more than enforce a checklist of liberal shibboleths
that need guarding. And it must offer more than an exchange of sanctimonious
permission slips for unrestrained scientific freedom and technological
innovation.
A proper bioethics must lead public reflection on the ways in which
new biotechnologies may affect those things that matter most regarding
how human lives are lived—things like family and friendship,
childhood and parenthood, youth and old age, pride and humility,
excellence and charitable love, and countless other crucial human
intangibles that stand to be profoundly altered by new biotechnical
powers. This means beginning by reflecting upon the highest human
goods and understanding the latest technological advances in this
light. It means practicing a truly humanistic bioethics enriched
by the wisdom of the ages, suitably vitalized to inform the judgment
of our democracy in an age of very complicated choices. It is this
spirit, above all, that distinguishes our Council’s work,
that informs the pages of every one of our reports, and that has
defined the task we as a group have set out for ourselves.
I also hope that the future of public bioethics might learn something
from the way in which this Council has viewed the relation between
science and the political community, and especially the role of
bioethical “experts.” For moral advice in dealing with
sticky ethical issues, in recent years, biologists and biotechnologists
have turned to bioethicists to help negotiate the difficult straits
between science and society. Hospitals and biotech companies have
hired them. Scientific societies retain them and the Human Genome
Project has housed them handsomely under the tent of big funding.
And many bioethicists, for an honored seat at the conference tables
and a share of the federal budget, have been only too glad to oblige.
But it is not clear that society has been served adequately by this
congenial compromise. For one thing, the arrangement has included
only mainstream academic bioethicists, who are not representative
of society as a whole. They largely share the scientists’
moral outlook, a progressivist and Enlightenment view of the world,
and a corporealist metaphysic. Most important, this arrangement
suffers from an exaggerated view of the importance and sufficiency
of expertise: scientific and technical expertise, on the one side,
bioethical expertise, on the other.
Until our current bioethics Council, previous public bioethics deliberation
was set up to produce a mixture of academic experts, scientific
and ethical, with a feeble smattering of “public members.”
The goal, quite explicitly, was to shield these vexing and delicate
subjects from the unwelcome intrusions of the noisy and contentious
political process. These bodies have been very helpful, especially
in devising regulations or refining practices But because the bioethicists
who have served on these bodies largely approve of whatever scientists
propose to do, they will—after a suitable amount of hand-wringing—pronounce
their moral blessings upon whatever practice is under review. But
the price of this congenial relation is that official public bioethics
has been insulated from the larger political culture where real
and serious differences exist and where academic arguments of ethicists
hold little sway. Worse, this attempt at government by experts has
isolated the larger society from the opportunities and responsibilities
of public decision making. Where biotechnology may be taking us
is everyone’s business. It is therefore fitting that the public
should be involved.
The people who have accused our Council of politicizing science
and bioethics have been right, but not in the way they meant. As
I said earlier, we are a Council on bioethics, not a Council of
bioethicists. We were constituted to reflect the large differences
of opinion in the community at large. We have helped to bring important
bioethical issues into the public arena, beyond the private domain
of a small group of experts. We are proud of the fact that we eschew
academic jargon, consider sensibilities as well as arguments, and
welcome all perspectives—not just secular and liberal ones—into
the public conversation. To be sure, in public discussion the experts
have their role to play. But our ultimate arbiters of the right
relations between science and society are the people and their representatives.
For it is they—we—who are charged to think, act, and
govern in this age of biotechnology in ways that will do full justice
to our humanity.
The Council’s task as a public bioethics body is as daunting
as our ambition is high. The road is long and difficult. But I would
like to think that we have made a useful start. The difficulties
that certainly will confound further steps along this path are both
practical and intellectual. Efforts to improve ethical oversight
and develop workable regulatory practices and institutions of the
sort that the Council has envisioned will run up against the nature
of the American approach to regulation. We have little tradition
for regulatory activities beyond matters of safety and effectiveness.
We have a decentralized medical profession, rarely subject to scrutiny
or guidance from above. We are wedded to the principles of freedom
and laissez faire, and most people with a stake in biotechnology
are deeply suspicious of and resistant to the idea of more governmental
interference. And, finally, we face some truly intractable questions
and issues: like Solomon’s baby, the embryo question cannot
be split down the middle.
Efforts to expand the scope of bioethical reflection, meanwhile,
will likely be stifled first and foremost by the overwhelming predominance
of “the life question” in our public considerations
of bioethical topics. This has certainly been one of the most frustrating
aspects of public bioethics as I have experienced it these past
three years. All too often in public debate, bioethical controversy
is fought out on the plane of what one may call the “the life
principle,” the principle that calls for protecting, preserving,
and saving human life. The proponents of embryonic stem cell research
argue vigorously and single-mindedly that stem cell research will
save countless lives. The opponents of the research argue with equal
vigor and single-mindedness that it would in the process destroy
countless lives. As posed, it appears as an argument between two
sorts of “vitalists” who differ only with respect to
whose life matters most: the lives of sick children and adults facing
risks of decay and premature death, or the lives of human embryos
who must be directly destroyed in the process of harvesting their
stem cells for research. Each side often acts as if it has the trumping
argument: “Embryonic stem cell research will save the lives
of people with diabetes or Parkinson’s disease,” versus
“Embryonic stem cell research will kill tens of thousands
of embryos.” These are surely important—indeed, crucially
important—concerns. But, at the risk of giving offense, I
wish to suggest that concern for “life”—for its
preciousness and its sanctity, whether adult or embryonic—is
not the only important human good relevant to our deliberations.
We are concerned also with human dignity, human freedom, and the
vast array of human activities and institutions that keep human
life human.
Important though it is, the “life principle” cannot
continue to be the sole consideration in public bioethical discourse.
Some efforts to prolong life may come at the price of its degradation,
the unintended consequences of success at life-saving interventions.
Other efforts to save lives might call for dubious or immoral means,
while the battle against death itself—as if it were just one
more disease—could undermine the belief that it matters less
how long one lives than how well. At the beginning of life, certain
modes of conceiving children—for example, by cloning—threaten
human dignity, even if no embryonic lives should be lost in the
process. And, in extreme circumstances, perhaps, lives may even
need to be risked or even sacrificed so that the community might
survive and flourish. Such questions of the good life—of humanization
and dehumanization—are of paramount importance to the field
of bioethics and to the future of our nation and the human race.
|