The Rule Of Law

While scientists and bioethicists work out their relative contributions to ethical debates, both say that many of the most important issues will eventually be resolved by yet another professional group-lawyers. The regulations and policy guidelines produced by various federal panels and commissions are often largely written by lawyer members. In addition, researchers and ethicists say that, given the social and economic realities of present-day society, new laws will be needed to fully guarante

Written byFranklin Hoke
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"As it is right now, people who are at risk for Huntington's disease or at risk for breast cancer cannot get insurance," observes Nancy S. Wexler, a professor of clinical neuropsychology at Columbia University's College of Physicians and Surgeons. "And that's perfectly legal in our culture. [Insurance companies] are companies that make money, and you don't make money on people who are sick.

"So, both scientists and ethicists are realizing that some of the fixes are going to have to be legal. Some of the protections may have to be [put in place by] changing the laws."

Earlier ethical debates, such as those surrounding appropriate use of human subjects in experimentation, have resulted in far-reaching new laws, such as the 1974 National Research Act, which created institutional review boards (IRBs).

"I don't think anybody would have [willingly] invented and imposed on themselves institutional review boards," comments Arthur Caplan, director of ...

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