The problems and possibilities in regulating technological frontiers: the politics of the new anxiety?
The revolution in science, biotechnology and medicine of the past 30 years demands a revisitation of old institutional forms and responses, including those of law itself. Scientific citizenship requires that law develop a moral vision and vocabulary so that we shape the moral dimensions of the emergent bioeconomy. Chief among those in the field of biotechnology are technologies of human reproductive cloning, therapeutic cloning and stem cell research using human embryos. Where there are deep pluralist divisions is in relation to therapeutic cloning and embryonic stem cell research. Regulatory flexibility may be opportune in delimiting the extent to which government need stray into this realm of "moral politics". As Brownsword has written, an important developmental vector is what has become known in administrative and public law literature as the concept of "smart regulation". This concept is examined and an attempt to apply it to these fields is made. The enlarged nature of human action -- enlarged in magnitude, reach and novelty -- raises moral issues beyond interpersonal ethics and requires reflection; responsibility is centre stage and calls for lengthened foresight -- what has been called a "scientific futurology". This is also examined.
Morgan
Derek
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Faculty of Law, Queensland University of Technology, GPO Box 2434, Brisbane, Qld 4001, Australia.
D001315:Australia; D020811:Biomedical Technology / Q000941:ethics / Q000331:legislation & jurisprudence*; D001709:Biotechnology / Q000941:ethics / Q000331:legislation & jurisprudence*; D019976:Cloning, Organism / Q000331:legislation & jurisprudence; D033041:Embryo Research / Q000331:legislation & jurisprudence*; D053595:Embryonic Stem Cells; D004992:Ethics, Medical; D033161:Government Regulation; D006801:Humans; D011057:Politics; D027724:Reproductive Techniques, Assisted / Q000331:legislation & jurisprudence; D006113:United Kingdom; D014481:United States