Technology, Transgenics and a Practical Moral Code PDF
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Dennis R. Cooley, The International Library of Ethics, Law and Technology, Technology, Transgenics and a Practical Moral Code, DOI: 10.1007/978-90-481-3021- 4, © Springer Netherlands 2010 4 The International Library of Ethics, Law and Technology Editors-in-Chief Anthony Mark Cutter, Bert Gordijn, Gary E. Marchant and Alain Pompidou Series Editors Ruth Chadwick, Henk ten Have, Søren Holm, George Khushf, Dieter Birnbacher, Edmund Pellegrino, Graeme Laurie, Bartha Maria Knoppers, Roger Brownsword, Paul Stephen Dempsey, Justice Michael Kirby, Rene Oosterlinck, Serge Gutwirth, John Weckert, Michael Froomkin and David Krieger For further volumes: http://www.springer.com/series/7761 Dennis R. Cooley Technology, Transgenics and a Practical Moral Code Dennis R. Cooley P.O.Box 6050 Fargo ND 58108-6050 18 Putnam Hall, USA [email protected] ISSN 1875-0044 e-ISSN 1875-0036 ISBN 978-90-481-3020-7 e-ISBN 978-90-481-3021-4 Springer Dordrecht Heidelberg London New York Library of Congress Control Number: 2009935720 © Springer Netherlands 2010 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com) Contents 1 Applied Groundwork for a Practical Moral Code 1.1 Introduction 1.2 Definitions 1.3 Professional Moral Codes 1.3.1 Professional Moral Code (ProfMC) 1.4 USDA Study: Methodology and Results 1.4.1 Sample 1.4.2 Interview Instrument 1.4.3 Findings 1.5 Formalization and Evaluation of the USDA Study's Moral Codes 1.6 Formalization of the Combination Moral Code 1.7 Problems for the Combination Moral Code 1.8 Conclusion 2 A Practical Moral Code 2.1 Introduction 2.2 Utilitarianism 2.3 What Is a Reasonable Person? 2.3.1 The Reasonable Person Standard in Tort and Criminal Law 2.3.2 The Reasonable Person's Necessary Characteristics for this Moral Code 2.4 RPU's Benefits 2.5 Respecting Persons 2.6 Working Toward a Plausible Distributive/Social Justice Principle 2.6.1 Problems with Rawls’ Theory 2.6.2 Seven Conditions of Distributive Justice 2.6.3 Distributive Justice Principle 2.7 The Moral Paradigm Test 2.8 Conclusion 3 Are Transgenic Organisms, Biotechnology, and Technology Unnatural? 3.1 Introduction 3.2 The Unnatural Is Unethical Argument 3.3 The Weak Definitions 3.3.1 Rejecting the Definition Pairs 3.4 A “Playing God” Argument 3.5 More Complex Meanings of the Unnatural 3.5.1 The Transferring Essence Definition 3.5.2 Changing the End or Telos Definition 3.5.3 The Crossing Species Boundaries Definition 3.6 Arguments from Evolution 3.6.1 Evolution: A Primer 3.6.2 Arguments Against Transgenics 3.6.3 Arguments for Transgenics 3.7 Conclusion 4 A Natural Theory of Value 4.1 Introduction 4.2 Naturalness as Sacredness 4.3 Beginning an Axiology 4.3.1 Nature as a Moral Factor 4.4 The Benefit of the Doubt Principle 4.5 Intrinsically Valuable Things and Their Rankings 4.5.1 Persons 4.5.2 Persons Versus Human Beings 4.5.3 The Intrinsic Value of Persons qua Personhood and Individual Persons 4.5.4 Ranking in Comparison to Other Intrinsically Valuable Things 4.5.5 A Different View of the Intrinsic Value of Persons 4.5.6 Potential Persons 4.5.7 Ranking in Comparison to Other Intrinsically Valuable Things 4.5.8 Sentient Creatures 4.5.9 Ranking in Comparison to Other Intrinsically Valuable Things 4.5.10 Living Organisms/Entities 4.5.11 Ranking in Comparison to Other Intrinsically Valuable Things 4.5.12 The World's Ecosystem (Nature) or the Biosphere as a Whole 4.6 Is Nature or the Biosphere Alive? 4.7 Arguments Against Nature's Intrinsic Value 4.8 Conclusion 4.8.1 Intrinsic Value/Priority Rankings in General 5 Applying PMC to a Few Transgenic Technology Issues 5.1 Introduction 5.2 The Practical Moral Code Again 5.3 Transgenics and RPU 5.3.1 Negatives/Risks 5.3.2 Positives/Possible Benefits 5.3.3 Non-transgenic Alternatives 5.4 Transgenics and QCI 5.4.1 Autonomy, Government, and Free Markets 5.4.2 Autonomy, Diversity, and Free Markets 5.4.3 Autonomy and Labeling Argument 5.4.4 A Suggestion 5.5 Legal/Moral Questions 5.6 Conclusion References Index Dennis R. Cooley, The International Library of Ethics, Law and Technology, Technology, Transgenics and a Practical Moral Code, DOI: 10.1007/978-90-481-3021- 4_1, © Springer Science+Business Media B.V. 2010 1. Applied Groundwork for a Practical Moral Code Dennis R. Cooley1 (1) 18 Putnam Hall, P.O.Box 6050, 58108-6050 Fargo, ND, USA Dennis R. Cooley Email: [email protected] Abstract We should take seriously Gert and Stevenson’s claim that philosophers in blind pursuit of their theories and principles are at risk of becoming ineffectual. For example, many ethics articles are too theoretically academic rather than practical. Generally, the author chooses a controversial moral topic, and then applies one or more principles to which she is particularly drawn. As a result, the issue is evaluated in light of the moral codes that academics, for the most part, have adopted, rather than those the people more directly involved in the situation would use. Although the articles tend to be well written, they carry little weight where people are making real world decisions about what to do. An earlier version of the practical moral code based on USDA survey results appeared in Gary Goreham, George Youngs and my ”Practical Moral Codes in the Transgenic Organism Debate.” It has been extensively updated since that time. 1.1 Introduction We should take seriously Gert and Stevenson’s claim that philosophers in blind pursuit of their theories and principles are at risk of becoming ineffectual. For example, many ethics articles are too theoretically academic rather than practical. Generally, the author chooses a controversial moral topic, and then applies one or more principles to which she is particularly drawn. As a result, the issue is evaluated in light of the moral codes that academics, for the most part, have adopted, rather than those the people more directly involved in the situation would use. Although the articles tend to be well written, they carry little weight where people are making real world decisions about what to do. A practical moral code based upon the work of ethicists, philosophers, sociologists, and other social scientists, as well as what thoughtful people believe in and apply in their lives is a necessity for three important reasons. First, it will be practical in legitimate decision making that is understandable and justifiable to all reasonable people. Second, it will be something people are more likely to use. Third, because of its universal acceptability, it can help lead to social decisions and a better society. I will address each below. Moral codes based on how ethics is actually done by individuals and communities must be practical because they are intended for applied individual decision making. That is, people use them to figure out what actions they are morally required to perform or refrain from doing, what type of people they should be, what thoughts they should have and so on. Impractical theories and principles such as many forms of consequentialism are impossible for people to utilize. If they are unsure of how to apply the theory or principle correctly, then it does not help them to choose, much less justify their choices to others. Impractical codes also pose a danger to individuals and society. If agents cannot know with some level of acceptable certainty what is right or wrong in real world situations, then they might begin asking if there is anything to know in the first place? In other words, without being able to recognize our actual duties, which actions are right or wrong, what it is to be a good person, then why should we assume there are any moral truths of any kind? It is a fundamental fact that rational belief in a proposition requires some sort of adequate evidence; otherwise belief in something’s existence seems to be merely an article of faith, or a non-rational or irrational belief. If someone proposes an impractical moral code that does not allow people to know what to do, then he will be unable to prove rationally that the moral code classifies one way or another in any situation. If we want to establish that there is a morally right path in any particular situation, then we must accept that codes producing unknowable classifications must not be impractical. Second, moral codes should be practical because moral debates need resolution for their own sake and those of the community. Practical codes allow us to use the moral ideals and reasoning processes all of us share universally to discuss the issue and try to find consensus at least an understanding that reasonable people can reasonably disagree will help people live their lives well and create a better society. Issues such as abortion, euthanasia, technology and transgenic organisms cause a great deal of strife in people’s lives, groups, and communities. After rigorous discussion, there must be solutions that can heal and move us to new issues needing the community members’ attention and energies, otherwise nothing will get done and the community and its citizens cannot pursue their highest good of flourishing. Mark Sagoff’s work on local civic engagement in environmental problem solving as illustrated in his Quincy Library case study serves as one justification for why a “bottom up” rather than “top down” approach is more appropriate in developing both an axiology and practical moral code. In Quincy, California, there was a dispute between environmentalists, local officials, and the timber industry over the dispensation of three national forests. A desperate deadlocked situation resulted in which each local faction was fruitlessly expending its resources while tearing apart the community. Resolution through consensus was achieved only when local citizens realized how bad things had become, and then worked together without outside provocateurs to find an ethical solution to their dilemma. The democratic result was a plan in which each side sacrificed part of its goals at the same time its primary desire was satisfied. Using arguments and this example, Sagoff proves that a democratic approach to problem resolution, especially if those engaged are the same individuals who will be directly affected by the decision, is more practical than having outside agents/experts intervene (Sagoff 2004, Chapter 9). In fact, when outside factions, such as the Forest Service, environmental groups, and logging businesses interfered in Quincy’s process to pursue their own interests, many of which were benefitted by keeping the problem alive, the community plan was derailed (Sagoff 2004, pp. 225–7). Although external agents and entities are not always harmful, the damage and distraction they can cause should make us look for more practical, local venues through which people solve their own problems using moral codes based upon their universal and local ethical beliefs, values, and principles. Many bioethicists promulgate a democratic decision procedure for technology issues ( Korthals 2002 and 2004; Light 1996 and 2002; Rollin 1996; Thompson 2007). Rollin argues that governments have an obligation to poll the public for any risks it perceives, no matter how farfetched the concerns are, which are then addressed by scientists in terms any layperson can comprehend (Rollin 1996, p. 93). Michiel Korthals’ applicationism or deliberative ethics, which seems very similar to Andrew Light’s methodological pragmatism, requires that “all sorts of consultation between consumers and producers (and other parties, such as governments)” ( Korthals 2004, p. 52). The justification for deliberative ethics is the fact that consumers and producers are manifestly unable to acquire adequate information or power necessary to protect autonomously their own interests, while there is a dearth of entities that will do a proper job of it for them. From being involved in the various decision processes, consumers can guide technology to a state more conducive to their well-being. By adopting Korthals’ approach, two chasms can be bridged. The first is the epistemological distance that has grown between consumers and producers as food production became more specialized and divorced from the everyday experiences of most consumers (Ibid., p. 153). In developed societies, very small numbers of the populace grow or raise the foodstuffs used by the rest; hence, both have a poor understanding of what the others do or think. Deliberative ethics overcomes the estrangement by integrating each group into decision making bodies. The second chasm is a schizophrenic division between consumers and citizens (Ibid., p. 155). Consumers are defined as individuals active in markets who act according to their personal preferences, while citizens are individuals participating in the political arena who act with others according to their common preferences (Ibid.). Obviously, these disparate foci are incompatible unless sensitively overcome. Deliberative ethics empowers consumers by allowing them to have greater control in the market besides merely whether or not to buy a product that is produced by what can sometimes be viewed as Others. Deliberative ethics is one aspect of a current revival of pragmatism in technology and ethics circles. Instead of being concerned about the end results of ethical decision making, pragmatic ethics focuses upon the decision making itself. In other words, it is “more process than product oriented” (Keulartz et al. 2002, p. 15). Deliberative ethics ensures that all affected stakeholders have input in the final result, whatever it may be. Pragmatic ethics also involves “substantive interventions” that break stagnation and entrenchment in ethical debates by creating new moral vocabularies, bringing novel perspectives or ideas, or otherwise moving the process forward through the introduction of some new element into the debate (Ibid., pp. 15–16). In a partial justification for his methodological pragmatism, Andrew Light claims that one must be a pragmatist in order to function well in bioethics – and by extension – technoethics. The reason why is based upon the assertions that: 1. bioethics is a social activity, 2. the value of ideas is ultimately weighed in terms of their value in practice, 3. the reliance in all approaches on past experience, and 4. bioethics is always aimed ultimately at influencing policy (Light 2002, p. 85). Using principles or codes that fail to recognize these fundamental facts result in possibly impressive abstract arguments and conclusions, but does not guarantee that any problems will be solved in the real world (Gremmen 2002, p. 101). Laying the groundwork for one way to discover defensible, reasonable solutions to actual problems – the next chapter’s PMC – is what this work is striving to achieve. Although I am not at the moment, nor might ever be, ready to adopt a form of academic pragmatism, it is important to acknowledge its usefulness in various ways. First, it focuses on solutions to problems using what is real in the world rather than taking flights of philosophical fancy to complex, non-existent realms. Second, it frames ethical discussions in more inclusive terms than merely having battles between two or more conflicting moral principles. “The moral arguments that are used [in academia] belong to a specific practice and may lead to problems in understanding members of other practices” (Gremmen 2002, p. 101). The major disagreements between those opposed or in favor of transgenic organisms, for example, organic and transgenic producers, can be understood in terms of how each group practices animal husbandry or farming. Once the various involved practices are appreciated, then it will be easier to obtain some form of consensus on fitting solutions. These two benefits of pragmatism are considerable and cannot be readily dismissed or minimized. There are several severe drawbacks to pragmatism that will give anyone pause. First, without some sort of fundamental principle to evaluate a practice’s moral legitimacy, then how can one practice be set aside in favor of another? The issue is not generally clear in the pragmatists’ writings for the examples they use to support pragmatism tend to be all morally legitimate. Gremmen talks about clashing views over how horses are treated as a conflict between practices people have for pets and those they have for natural resource management (Gremmen 2002, p. 101). Either practice is acceptable to reasonable people because we as reasonable people allow either in our societies. Since both views are morally permissible to hold, it does not ethically matter which one a person adopts. However, in more difficult dilemma cases, the inherent defect with pragmatism becomes apparent. Suppose the incompatible practices have different moral statuses. In the case of societies that condone women’s abuse, reasonable people want to adopt an ethical practice, and reject and condemn an unethical practice, but there is neither incentive nor justification for doing so. For example, in May 2008, 15 women in western Kenya were burned to death by a rampaging mob on the grounds that the women were witches. Although the conflict between the mob’s superstition based practice and the evidence and equality practices of any reasonable person should be resolved in favor of the latter, with pragmatism, there is no mechanism that can be used to support such a decision as there is in consequentialism, Kantianism, or another
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