From: Anders Sandberg (asa@nada.kth.se)
Date: Mon Feb 03 2003 - 06:22:19 MST
On Mon, Feb 03, 2003 at 01:08:53PM +0100, JDP wrote:
> New bioethical laws are being formally discussed in France, and will
> be adopted under some form very soon.
>
> The French Minister for Health, Mr Mattéi, said he would, in agreement
> with the Minister for Justice, Mr Perben, propose "a new
> incrimination" (20 years prison) called "crime against the human
> species", "aimed at reproductive cloning, and at eugenical practices
> with a goal of organizing the selection of persons". (Therapeutic
> cloning would be forbidden, too.)
>
> Two days ago a new step was reached in the propositions, as the Sénat
> formally proposed two more amendments. The first, to penalize (3 years
> prison and 45 000 EUR) "the provocation to reproductive cloning as
> well as propaganda or publicity in favor of cloning", the second, "to
> reinforce prevention and repression of sectary movements".
It is interesting to analyse the rhetoric here. I guess it is
best done in the original wording, but "crimes against the human
species" does ring plenty of warning bells. If it had just been
crimes against humanity the construction would have been somewhat
in line with current legislative wording and the kind of
declarations we have seen from the UN and Europa Commission. But
adding "species" brings in a very ugly biologism, and seems to
resonate with earlier "crimes against the race". The problem here
(just as in many of the less malign crimes against humanity
claims against cloning) is that an abstraction - humanity or the
species - is placed under protection against the interests and
happiness of real, existing humans. It is the
collectivist/Platonist fallacy all over again. It opens up for
the worrying possibility that many other activities also could
become crimes against the species. If this type of law is passed,
then transhumanism is in very real trouble (but also will get the
chance to defend itself in court - sufficiently well-publicized
cases can do wonders with public opinion).
I seem to recall that France has relatively strict rules against
"sects", with somewhat arbitrary enforcement? Overall the above
amendement seems directed specifically against the Raelians.
> I had a booklet in project about the topic (I am preparing a
> collection of booklets, each one offering food for thought about one
> future-oriented topic); I guess it may, within a few days, become
> illegal to publish it.
So it might be useful to have it published beforehand,
grandfathering it.
I wonder about the application of the law against francophone
pro-cloning material elsewhere. The Yahoo case seem to duggest
that at least some French courts claim the right to limit access
to unsuitable materials abroad, and I wonder about whether the
new extradition rules applies to this law. Overall, it may have a
chilling effect on the debate, and represents a dangerous step
that should be opposed firmly and loudly.
-- ----------------------------------------------------------------------- Anders Sandberg Towards Ascension! asa@nada.kth.se http://www.nada.kth.se/~asa/ GCS/M/S/O d++ -p+ c++++ !l u+ e++ m++ s+/+ n--- h+/* f+ g+ w++ t+ r+ !y
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