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Luck, Genes, and Equality

Published online by Cambridge University Press:  01 January 2021

Dov Fox
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Extract

In a little noted passage in A Theory of Justice, John Rawls argued that genetic intervention in the traits of offspring may be morally required as a matter of distributive justice. Given that the “greater natural assets” of each “enables him to pursue a preferred plan of life[,]” Rawls wrote, the parties to the original position “want to insure for their descendents the best genetic endowment.…Thus over time a society is to take steps at least to preserve the general level of natural abilities and to prevent the diffusion of serious defects.…The pursuit of reasonable policies in this regard is something that earlier generations owe to later ones.” (Emphasis added.) Whether biological enhancement actually is a moral obligation we owe to future generations is a question that I have taken up elsewhere, but which lies beyond my scope here. If we agree with Rawls that some measure of safe and effective genetic intervention may be required as a matter of justice, it stands to ask how the distribution of genetic goods – that is, the hereditary basis of human traits – should be carried out.

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Independent
Information
Journal of Law, Medicine & Ethics , Volume 35 , Issue 4 , Winter 2007 , pp. 712 - 726
Copyright
Copyright © American Society of Law, Medicine and Ethics 2007

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References

Rawls, J., A Theory of Justice (Cambridge: Belknap Press of Harvard University Press, 1999): at 92.Google Scholar
Fox, D., “The Illiberality of Liberal Eugenics,” Ratio 20, no. 1 (2007): 1–25.CrossRefGoogle Scholar
While, “no one deserves his greater natural capacity nor merits a more favorable starting place in society,” Rawls writes, “it does not follow that one should eliminate these distinctions.” See Rawls, , supra note 1, at 102.Google Scholar
Sandel, M., Liberalism and the Limits of Justice (Cambridge: Cambridge University Press, 1982): at 74.Google Scholar
Robert Adams was the first to raise this so-called “Non-Identity Problem” in his “Existence, Self-Interest, and the Problem of Evil,” Nous 13, no. 1 (1979): 53–65. Derek Parfit elaborated notably on the paradox of harm to future persons in his Reasons and Persons (Oxford: Clarendon Press, 1984): at 351–379.Google Scholar
Glannon, W., “Genes, Embryos and Future People,” Bioethics 12, no. 3 (1998): 187–211, at 193, citing Glover, J., “Future People, Disability, and Screening,” in Laslett, P. Fishkin, J., eds., Justice Between Age Groups and Generations (New Haven: Yale University Press, 1992): 127–143, at 141–142.Google Scholar
See Narveson, J., “Moral Problems of Population,” Monist 57, no. 1 (1973): 62–86, at 65–66. Narveson draws on ideas developed in Rawls, supra note 1, at 62–64, 74–77, 266–267.Google Scholar
See Rawls, , supra note 1, at 54.Google Scholar
Buchanan, A. et al. , From Chance to Choice (Cambridge: Cambridge University Press, 2000): at 84.CrossRefGoogle Scholar
Id., at 80–81.Google Scholar
Id., at 80.Google Scholar
Rawls, J., Political Liberalism (New York: Columbia University Press, 1993): At 58–65, 134–143, 191–194.Google Scholar
See Buchanan, , supra note 9, at 79.Google Scholar
Id., at 101.Google Scholar
Id., at 174. Fritz Allhoff makes a similar argument in his “Germ-Line Genetic Enhancements and Rawlsian Primary Goods,” Kennedy Institute of Ethics Journal 15, no. 1 (2005): 39–56, at 50.CrossRefGoogle Scholar
Temkin, L., “Egalitarianism Defended,” Ethics 113, no. 3 (2003): 764–783, at 770–771.Google Scholar
The term “luck egalitarian” was coined by Elizabeth Anderson in her “What Is the Point of Equality?” Ethics 109, no. 2 (1999): 287–337.Google Scholar
See Dworkin, R., “What is Equality? Part 1: Equality of Welfare,” Philosophy and Public Affairs 10, no. 3 (1981): 185–246; Cohen, G. A., “On the Currency of Egalitarian Justice,” Ethics 99 no. 4 (1989): 906–44; Arneson, R., “Equality and Equal Opportunity for Welfare,” Philosophical Studies 56, no. 1 (1989): 77–93.Google Scholar
See Rawls, , supra note 1, at 65–73; Raz, J., Morality of Freedom (Oxford: Oxford University Press, 1986): At 217–44; Arneson, R., “Luck Egalitarianism and Prioritarianism,” Ethics 110, no. 2 (2000): 339–49.Google Scholar
Crisp, R., “Equality, Priority, and Compassion,” Ethics 113, no. 4 (2003): 745–63; Frankfurt, H., “Equality as a Moral Ideal,” Ethics 98, no. 1 (1987): 21–43; Rosenberg, A., “Equality, Sufficiency, and Opportunity in the Just Society,” Social Philosophy and Policy 12, no. 2 (1995): 54–71.CrossRefGoogle Scholar
Cohen, G. A., “Amartya Sen's Unequal World,” New Left Review 1, no. 203 (1994): 117–29, at 119.Google Scholar
See Frankfurt, , supra note 20, at 21.Google Scholar
Farrelly, C., “Genes and Equality,” Journal of Medical Ethics 30, no. 6 (2004): 587–92.CrossRefGoogle Scholar
Parfit, D., “Equality and Priority,” Ratio 10, no. 3 (1997): 202–21, at 217–19.CrossRefGoogle Scholar
See Rawls, , supra note 1, at 92.Google Scholar
Temkin, L., Inequality (Oxford: Oxford University Press, 1993): at 282.Google Scholar
Rousseau, R., On the Social Contract, Cress, D., trans. and ed. (Indianapolis: Hackett, 1983): At 46–7; Aristotle, , The Politics, Barker, E., trans. and ed. (London: Oxford University Press, 1946): At 180–82, both cited in Sandel, M., Democracy's Discontent: America in Search of a Public Philosophy (Cambridge: Harvard University Press, 1998): at 330.Google Scholar
See Fox, D., “Silver Spoons and Golden Genes: Genetic Engineering and the Egalitarian Ethos,” American Journal of Law and Medicine 33, no. 4 (forthcoming 2007).CrossRefGoogle Scholar
See Vonnegut, K., “Harrison Bergeron,” in Welcome to the Monkey House (New York: Delacort Press, 1950): At 7–13; Rothbard, M., “Egalitarianism and the Elites,” Review of Austrian Economics 8, no. 2 (1995): 39–60; Flew, A., The Politics of Procrustes: Contradictions of Enforced Equality (Buffalo: Prometheus Books, 1981).Google Scholar
See Rawls, , supra note 1, at 64.Google Scholar
Id., at 65.Google Scholar
Mehlman, M., “The Law of Above Averages: Leveling the New Genetic Enhancement Playing Field,” Iowa Law Review 85, no. 5 (2000): 517–93.Google Scholar
Parens, E., “The Goodness of Fragility: On the Prospect of Genetic Technologies Aimed at the Enhancement of Human Capacities,” Kennedy Institute of Ethics Journal 5, no. 2 (1995): 141–153, at 146.CrossRefGoogle Scholar
Botkin, J. Mehlman, M., Access to the Genome: The Challenge to Equality (Washington, D.C.: Georgetown University Press, 1998): At 126–28.Google Scholar
Harris, J., Wonderwoman and Superman: The Ethics of Human Biotechnology (Oxford: Oxford University Press, 1992): at 234.Google Scholar
See Botkin, Mehlman, , supra note 34, at 127.Google Scholar
Lindsay, R., “Enhancements and Justice: Problems in Determining the Requirements of Justice in a Genetically Transformed Society,” Kennedy Institute of Ethics Journal 15, no. 1 (2005): 3–38, at 12.CrossRefGoogle Scholar
Farrelly, C., “The Genetic Difference Principle,” American Journal of Bioethics 4, no. 2 (2004): W21–W28; Goering, S., “Gene Therapies and the Pursuit of a Better Human,” Cambridge Quarterly of Healthcare Ethics 9, no. 3 (2000): 330–41; Resnik, D., “Human Genetic Engineering and Social Justice: A Rawlsian Approach,” Social Theory and Practice 23, no. 3 (1997): 427–48.CrossRefGoogle Scholar
See Rawls, , supra note 1, at 65–8.Google Scholar
See Farrelly, , supra note 38, at W26; see also Lindsay, , supra note 37, at 9.Google Scholar
Sen, A., “Equality of What?” in McMurrin, S., ed., Tanner Lectures on Human Values (Cambridge: Cambridge University Press, 1980): At 137–162, 160.Google Scholar
For critical accounts of the capability approach, see generally Sen, A., Development as Freedom (New York: Anchor Books, 1999); Nussbaum, M., Women and Human Development: The Capabilities Approach (Cambridge: Cambridge University Press, 1999).Google Scholar
Sen, A., Inequality Reexamined (Cambridge: Harvard University Press, 1992): At 39–41.Google Scholar
See Sen, , supra note 42, at 87.Google Scholar
The phrase “decent genetic minimum” is a variation on Buchanan, et al. 's “genetic decent minimum.” See Buchanan, , supra note 9, at 81–2.Google Scholar
See Nussbaum, , supra note 42, at 85–86.Google Scholar
Id., at 85.Google Scholar
Arneson, R., “Why Justice Requires Transfers to Offset Income and Wealth Inequalities,” Social Philosophy and Policy 19, no. 2 (2002): 172–200, at 194.Google Scholar
Cohen, G. A., “Luck and Equality: A Reply to Hurley,” Philosophy and Phenomenological Research 72, no. 2 (2006): 439–446; citing Casal, P., “Why Sufficiency Is Not Enough,” Ethics 117, no. 3 (2006): 296–326.CrossRefGoogle Scholar
Id. (Casal).Google Scholar
Nussbaum, M., “Human Functioning and Social Justice: In Defense of Aristotelian Essentialism,” Political Theory 20, no. 2 (2002): 202–246, at 228.CrossRefGoogle Scholar
See Sen, , supra note 41, at 160.Google Scholar
See Nussbaum, , supra note 42, at 78–80.Google Scholar
See Cohen, , supra note 18, at 933.Google Scholar
Nozick, R., Anarchy, State, and Utopia (New York: Basic Books, 1974): At 160–64.Google Scholar
See Nussbaum, , supra note 51, at 224.Google Scholar
See Cohen, , supra note 21, at 118 (footnote).Google Scholar
See Sen, , supra note 43, at 19–21.Google Scholar
See Nussbaum, , supra note 51, at 233.Google Scholar
Sen, A., “Justice: Means Versus Freedoms,” Philosophy and Public Affairs 19, no. 2 (1990): 111–21, at 116.Google Scholar
Daniels, N., “Equality of What: Welfare, Resources, or Capabilities?” Philosophy and Phenomenological Research 58, no. 4 (1990): 947–54.CrossRefGoogle Scholar
See Lindsay, , supra note 37, at 20.CrossRefGoogle Scholar
Id., at 6–7.Google Scholar
See Rawls, , supra note 12, at 106, 178.Google Scholar
See Lindsay, , supra note 37, at 13.Google Scholar
See Rawls, , supra note 1, at 66.Google Scholar
Id., at 80.Google Scholar
I owe this example to G. A. Cohen.Google Scholar
See Farrelly, , supra note 38, at W25.Google Scholar
Id., at W27.Google Scholar
On this first element of Farrelly's objection, see also Lippman, A., “Genetic and Public Health: Means, Ends, and Justices,” American Journal of Human Genetics 48, no. 1 (1991): 1201–1228.Google Scholar
UNICEF, “Under-Five Mortality Rankings,” The State of the World's Children: 2000, available at <http://www.unicef.org/sowc00/stat2.htm> (last visited October 17, 2007).+(last+visited+October+17,+2007).>Google Scholar
See Nussbaum, M., “Aristotle, Politics, and Human Capabilities: A Response to Antony, Arneson, Charlesworth, and Mulgan,” Ethics 111, no. 1 (2000): 102–40, at 125–27.CrossRefGoogle Scholar
See Nussbaum, , supra note 51, at 222.Google Scholar