800 word paper ( double spaced, APA-style bibliography) and a Final

Applied Jurisprudence

Preimplantation Genetic Diagnosis Part 1

Introduction to Preimplantation Genetic Diagnosis

Introduction to Preimplantation Genetic Diagnosis (PGD)

In Vitro Fertilization

In Vitro Fertilization (IVF) is the process of surgically removing eggs from a woman’s ovaries, combining them with sperm in the laboratory, and transferring the resulting embryo into the uterus.

Watch Video: “5 Steps to In Vitro Fertilization”

Introduction to Preimplantation Genetic Diagnosis (PGD)

Preimplantation Genetic Diagnosis

Preimplantation Genetic Diagnosis (PGD) is the genetic screening of embryos created through In Vitro Fertilization prior to uterine transfer

Watch Video: “How PGD Works”

Introduction to Preimplantation Genetic Diagnosis (PGD)

Preimplantation Genetic Diagnosis (continued)

Applications of PGD

PGD can be used to screen embryos for:

1. Genetic defects and diseases

2. Superficial desired traits

3. Genetic compatibility with an existing child (a sibling) in need of a transplant

Preimplantation Genetic Diagnosis

1. Screening for Genetic Defects and Inherited Diseases

Introduction

Screening for Genetic Defects & Diseases

Introduction: Genetic Defects & Diseases

Couples aware that they carry the gene for a certain genetic defect or disease, can use PGD to help avoid becoming pregnant/having a child with that genetic defect or disease.

Specifically, PGD can be used to screen embryos for – and discard embryos with – specific genetic defects/diseases carried by its parents prior to uterine transfer (so that only embryos that lack the specific genetic defect/disease are transferred into the uterus)

PGD can be used to screen for genetic diseases including, but not limited to, Cystic Fibrosis, Sickle Cell Anemia, Thalassemia, Tay Sachs Disease, Fragile X Syndrome, Alzheimer’s Disease, Duchenne’s Muscular Dystrophy etc..

Introduction: Genetic Defects & Diseases

Procedure for Using PGD to Screen Embryos for Genetic Defects & Inherited Diseases

▪ Embryos created through IVF are tested/screened for the specific genetic defect/disease carried by one or both of their parents

▪ Only those embryos that are free of the specific genetic defect/disease are transferred into the uterus

Watch Documentary: “Superhuman: Baby Builders”

Normative Jurisprudence

Screening for Genetic Defects & Diseases

Normative Jurisprudence The Relationship Between Law & Morality

Normative Jurisprudence: Genetic Defects & Diseases The Relationship between Law & Morality

Deontological Ethical Theories

Natural Law

▪ According to Natural Law, using PGD to screen embryos for genetic defects and diseases is Always Immoral

• Rationale: o The right to life is the most supreme natural right.

o We have a moral obligation to protect life - especially innocent & defenseless life (embryos).

o Screening embryos for genetic defects and diseases is immoral because it violates the discarding embryos’ fundamental and inalienable right to life.

Normative Jurisprudence: Genetic Defects & Diseases The Relationship between Law & Morality

Deontological Ethical Theories (continued) Kantian Ethics ▪ According to Kantian Ethics, using PGD to screen embryos for

genetic defects and diseases is Always Immoral • All human life has intrinsic and equal value regardless of whether it is born

or unborn and regardless of whether it has a genetic defect or disease o Having a genetic defect or disease does not rob an embryo’s life of

value or justify ending its life • Since an embryo’s life has value, we have a duty to treat it with dignity (as

an end unto itself, rather than as a means to an end) o Using PGD to screen embryos for genetic defects and diseases is

immoral because it treats embryos with genetic defects and diseases as a means to an end (they are created and then destroyed so that family can achieve happiness)

Normative Jurisprudence: Genetic Defects & Diseases The Relationship between Law & Morality

Teleological Ethical Theories

Utilitarianism

▪ According to Utilitarianism, using PGD to screen embryos for genetic defects and diseases can be Moral or Immoral • Whether using PGD to screen embryos for genetic defects and

diseases is moral depends on whether it produces the greatest good for the greatest number of people.

• We must make this determination on a case-by-case basis by tallying the positive & negative consequences of (the good & bad that will result from) each couple’s decision to use PGD to screen embryos for genetic defects and diseases

Normative Jurisprudence: Genetic Defects & Diseases The Relationship between Law & Morality

Teleological Ethical Theories (continued)

Utilitarianism (continued) • When determining the morality of using PGD to screen embryos for

genetic defects and diseases, we must weigh the potentially positive consequences that it might have for some people against the potentially negative consequences that it might have for others

▪ Rationale for the View that Using PGD to Screen Embryos for Genetic Defects and Diseases is Moral

• The Positive Consequences of Using PGD to Screen Embryos for Genetic Defects & Diseases Outweigh Its Negative Consequences

Normative Jurisprudence: Genetic Defects & Diseases The Relationship between Law & Morality

Teleological Ethical Theories (continued)

Utilitarianism (continued) ▪ Rationale for the View that Using PGD to Screen Embryos for

Genetic Defects and Diseases is Moral (continued) o Potentially Positive Consequences of Using PGD to Screen

Embryos for Genetic Defects and Diseases

▪ It poses no harm

▪ It Saves Families from Unnecessary Suffering

▪ Parents Have the Right to Improve the Health & Wellbeing of Their Children

▪ It Saves Society Money

Normative Jurisprudence: Genetic Defects & Diseases The Relationship between Law & Morality

Teleological Ethical Theories (continued)

Utilitarianism (continued) ▪ Rationale for the View that Using PGD to Screen Embryos for

Genetic Defects and Diseases is Immoral • The Negative Consequences of Using PGD to Screen Embryos for

Genetic Defects & Diseases Outweigh Its Positive Consequences o Potentially Negative Consequences of Using PGD to Screen

Embryos for Genetic Defects and Diseases ▪ It violates the discarded embryos' right to life ▪ It devalues the sanctity human life ▪ Genetics is A game of statistics - not an exact science ▪ Society could lack the benefits of people with genetic defects &

diseases

Normative Jurisprudence: Genetic Defects & Diseases The Relationship between Law & Morality

Teleological Ethical Theories (continued)

Utilitarianism (continued) ▪ Rationale for the View that Using PGD to Screen Embryos for

Genetic Defects and Diseases is Immoral (continued) o Potentially Negative Consequences of Using PGD to Screen

Embryos for Genetic Defects and Diseases (continued) ▪ It could lead to reduction in institutional support and funds for

medical research into genetic defects & diseases ▪ It could lead to increased discrimination & stigmatization against

people with genetic defects & diseases ▪ It could lead to a lonelier world for people with genetic defects &

diseases ▪ It could reduce the genetic diversity of the human species ▪ It’s a slippery slope to eugenics (the practice of deliberately &

artificially improving the genetic quality of the human species)

Normative Jurisprudence: Genetic Defects & Diseases The Relationship between Law & Morality

Teleological Ethical Theories (continued)

Ethical Altruism ▪ According to Ethical Altruism, using PGD to screen embryos for

genetic defects and diseases can be Moral or Immoral

• Using PGD to Screen for Genetic Defects & Diseases Is Moral if it was done for unselfish reasons (solely to benefit someone else) o e.g. Screening embryos for genetic defects & diseases because

you want to spare your child from unnecessary suffering

• Using PGD to Screen for Genetic Defects & Diseases Is Immoral if it was done for selfish reasons (solely to benefit yourself) o e.g. Screening embryos for genetic defects & diseases because

you don’t want to be burdened by a child with special needs

Normative Jurisprudence: Genetic Defects & Diseases The Relationship between Law & Morality

Teleological Ethical Theories (continued)

Ethical Egoism ▪ According to Ethical Egoism, using PGD to screen embryos for

genetic defects and diseases can be Moral or Immoral

• Using PGD to Screen for Genetic Defects & Diseases Is Moral if it was done for selfish reasons (solely to benefit yourself) o e.g. Screening embryos for genetic defects & diseases because

you don’t want to be burdened by a child with special needs

• Using PGD to Screen for Genetic Defects & Diseases Is Immoral if it was done for unselfish reasons (solely to benefit someone else) o e.g. Screening embryos for genetic defects & diseases because

you want to spare your child from unnecessary suffering

Normative Jurisprudence Freedom & The Proper Limits of the Law

Normative Jurisprudence: Genetic Defects & Diseases The Proper Limits of the Law continued

The Harm Principle

The government may prohibit using PGD to screen embryos for genetic defects and diseases only if doing so is necessary to prevent harm to others

• e.g. A law that bans the practice of using PGD to screen for genetic defects & diseases out of the government’s desire to prevent increased discrimination and stigmatization against the generically inferior

Normative Jurisprudence: Genetic Defects & Diseases The Proper Limits of the Law

The Principle of Legal Moralism

The government may prohibit using PGD to screen embryos for genetic defects and diseases if society as a whole deems the practice to be immoral

▪ e.g. A law that bans the practice of using PGD to screen embryos for genetic defects and diseases because society as a whole believes that the practice is immoral

Critical Jurisprudence

Screening for Genetic Defects & Diseases

Critical Jurisprudence: Genetic Defects & Diseases

Critical Legal Studies

Using PGD to screen embryos for genetic defects and diseases is so expensive that only the wealthy will be able to afford it ▪ Due to the expensive nature of screening embryos for genetic

defects and diseases, legalizing the practice would o Give the wealthy an unfair genetic advantage over the poor o Exacerbate socioeconomic inequality by creating a genetic

underclass

Critical Jurisprudence: Genetic Defects & Diseases

Critical Race Theory

Using PGD to screen embryos for genetic defects and diseases is so expensive that only the wealthy will be able to afford it.

Since Racial & Ethnic minorities are disproportionately poor in this country, legalizing the use of PGD to screen embryos for genetic defects and diseases will perpetuate racial inequality & further devalue minorities

▪ Due to the expensive nature of using PGD to screen embryos for genetic defects and diseases, legalizing the practice would exacerbate racial inequality by giving Whites (who are disproportionately wealthy) an unfair genetic advantage over racial and ethnic minorities (who are disproportionately poor)