Bioethics. Группа авторов
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To those sympathetic to one kind of liberalism, Nozick’s proposal will seem more attractive than centralized decisions. On this approach to politics, it is wrong for the authorities to institutionalize any religious or other outlook as the official one of the society. To a liberal of this kind, a good society is one which tolerates and encourages a wide diversity of ideals of the good life. Anyone with these sympathies will be suspicious of centralized decisons about what sort of people should form the next generation. But some parental decisons would be disturbing. If parents chose characteristics likely to make their children unhappy, or likely to reduce their abilities, we might feel that the children should be protected against this. (Imagine parents belonging to some extreme religious sect, who wanted their children to have a religious symbol as a physical mark on their face, and who wanted them to be unable to read, as a protection against their faith being corrupted.) Those of us who support restrictions protecting children from parental harm after birth (laws against cruelty, and compulsion on parents to allow their children to be educated and to have necessary medical treatment) are likely to support protecting children from being harmed by their parents’ genetic choices.
No doubt the boundaries here will be difficult to draw. We already find it difficult to strike a satisfactory balance between protection of children and parental freedom to choose the kind of upbringing their children should have. But it is hard to accept that society should set no limits to the genetic choices parents can make for their children. Nozick recognizes this when he says the genetic supermarket should meet the specifications of parents ‘within certain moral limits’. So, if the supermarket came into existence, some centralized policy, even if only the restrictive one of ruling out certain choices harmful to the children, should exist. It would be a political decision where the limits should be set.
There may also be a case for other centralized restrictions on parental choice, as well as those aimed at preventing harm to the individual people being designed. The genetic supermarket might have more oblique bad effects. An imbalance in the ratio between the sexes could result. Or parents might think their children would be more successful if they were more thrusting, competitive and selfish. If enough parents acted on this thought, other parents with different values might feel forced into making similar choices to prevent their own children being too greatly disadvantaged. Unregulated individual decisions could lead to shifts of this kind, with outcomes unwanted by most of those who contribute to them. If a majority favour a roughly equal ratio between the sexes, or a population of relatively uncompetitive people, they may feel justified in supporting restrictions on what parents can choose. (This is an application to the case of genetic engineering of a point familiar in other contexts, that unrestricted individual choices can add up to a total outcome which most people think worse than what would result from some regulation.)
Nozick recognizes that there may be cases of this sort. He considers the case of avoiding a sexual imbalance and says that ‘a government could require that genetic manipulation be carried on so as to fit a certain ratio’.8 He clearly prefers to avoid governmental intervention of this kind, and, while admitting that the desired result would be harder to obtain in a purely libertarian system, suggests possible strategies for doing so. He says: ‘Either parents would subscribe to an information service monitoring the recent births and so know which sex was in shorter supply (and hence would be more in demand in later life), thus adjusting their activities, or interested individuals would contribute to a charity that offers bonuses to maintain the ratios, or the ratio would leave 1:1, with new family and social patterns developing.’ The proposals for avoiding the sexual imbalance without central regulation are not reassuring. Information about likely prospects for marriage or sexual partnership might not be decisive for parents’ choices. And, since those most likely to be ‘interested individuals’ would be in the age group being genetically engineered, it is not clear that the charity would be given donations adequate for its job.9
If the libertarian methods failed, we would have the choice between allowing a sexual imbalance or imposing some system of social regulation. Those who dislike central decisions favouring one sort of person over others might accept regulation here, on the grounds that neither sex is being given preference: the aim is rough equality of numbers.
But what about the other sort of case, where the working of the genetic supermarket leads to a general change unwelcome to those who contribute to it? Can we defend regulation to prevent a shift towards a more selfish and competitive population as merely being the preservation of a certain ratio between characteristics? Or have we crossed the boundary, and allowed a centralized decision favouring some characteristics over others? The location of the boundary is obscure. One view would be that the sex‐ratio case is acceptable because the desired ratio is equality of numbers. On another view, the acceptability derives from the fact that the present ratio is to be preserved. (In this second view, preserving altruism would be acceptable, so long as no attempt was made to raise the proportion of altruistic people in the population. But is this boundary an easy one to defend?)
If positive genetic engineering does become a reality, we may be unable to avoid some of the decisions being taken at a social level. Or rather, we could avoid this, but only at what seems an unacceptable cost, either to the particular people being designed, or to their generation as a whole. And, even if the social decisions are only restrictive, it is implausible to claim that they are all quite free of any taint of preference for some characteristics over others. But, although this suggests that we should not be doctrinaire in our support of the liberal view, it does not show that the view has to be abandoned altogether. We may still think that social decisions in favour of one type of person rather than another should be few, even if the consequences of excluding them altogether are unacceptable. A genetic supermarket, modified by some central regulation, may still be better than a system of purely central decisions. The liberal value is not obliterated because it may sometimes be compromised for the sake of other things we care about.
A Mixed System
The genetic supermarket provides a partial answer to the objection about the limited outlook of those who would take the decisions. The choices need not be concentrated in the hands of a small number of people. The genetic supermarket should not operate in a completely unregulated way, and so some centralized decisions would have to be taken about the restrictions that should be imposed. One system that would answer many of the anxieties about centralized decision‐making would be to limit the power of the decision‐makers to one of veto. They would then only check departures from the natural genetic lottery, and so the power to bring about changes would not be given to them, but spread through the whole population of potential parents. Let us call this combination of parental initiative and central veto a ‘mixed system’. If positive genetic engineering does come about, we can imagine the argument between supporters of a mixed system and supporters of other decision‐making systems being central to the political theory of the twenty‐first century, parallel to the place occupied in the nineteenth and twentieth centuries by the debate over control of the economy.10
My own sympathies are with the view that, if positive genetic engineering is introduced, this mixed system is in general likely to be the best one for taking decisions. I do not want to argue for an absolutely inviolable commitment to this, as it could be that some centralized decision for genetic change was the only way of securing a huge benefit or avoiding a great catastrophe. But, subject to this reservation, the dangers of concentrating the decision‐making create a strong presumption in favour of a mixed system rather than one in which initiatives come from the centre. And, if a mixed system was introduced, there would have to be a great deal of political argument over what kinds of restrictions on the supermarket should be imposed.