Dissertation > Political, legal > Legal > UNIVERSITY > National law,the Constitution

On human cloning technology and the relationship between human dignity

Author ChenHui
Tutor XiaoJinMing
School Shandong University
Course Constitutional and Administrative Law
Keywords Human Cloning Human dignity Individual autonomy Subjectivity As a whole
CLC D911
Type Master's thesis
Year 2011
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A profound impact on the development of biotechnology and changed the destiny of mankind. As a typical biotechnology, human cloning raises legal, science, ethics, philosophy, religion, and other fields of controversy. The international community has increasingly tended to prohibit cloning technology development, the most important reason is that cloning technology contrary to human dignity. For example, the 29th meeting of the General Conference of UNESCO approved the \However, human dignity itself is a complex concept, both in international law and domestic law, will be showing a different meaning, and often conflicting with each other. This paper attempts to clarify the dispute continued issue. Despite the ban on human cloning is that the main reason for human dignity, but as for whether the meaning of human dignity and human dignity and why cloning technology, among other issues remain to be further explored. The concept of human dignity in the Constitution is the German contribution. Paragraph 1 of the German Basic Law, the first terms of human dignity, is considered to be the highest value of the German constitution. Mainly due to the concept of Christian thought, philosophy of Kant and the Nazi tyranny reflection. For the concept of human dignity is concerned, it is the first to emphasize human dignity stems from the ability of individuals some autonomy, according to the ability of individuals to make certain that the value of choice and judgment. Secondly, the people itself is the goal, respect for human beings is to ask people just can not be viewed as a means or a tool, people will never be an end in itself. Again, human dignity is not only a subjective right, but also has an objective value on the one hand, to some extent concerned, it represents the human society reflects some common values ​​and interests, such as a species cherished those values . Such an objective value relative to the first two levels of individualism-based human dignity, has the kind of transcendence and public nature. Review of human cloning technology and the relationship between human dignity, it is necessary to distinguish this technology we are discussing the three levels, the implementation of this technology motive or reason, the second is the technology itself, it brings three are consequences. Usually for this problem after discussion focused on two aspects, namely technology and its consequences, while the motive paid little attention, largely because of the motivation behind an act is not easy to identify, and the law generally does not concern Motivation and just focus on the act itself. First, the individual's autonomy and self-determination is to have the foundation of human dignity. Any act considered only after someone in their subjective intent under control, we can say that the people themselves govern their behavior. When an individual subjective experience related to the rights and dignity of a damaged, then it may have been violated human dignity, so any one cloned individual if such feelings, then its also likely to damage human dignity . Our ability to choose and to choose their own, they are actually genetic makeup and the environment under the action of complex results. From the results of human cloning technology, this technology will reduce the use of human cloning may not decide right and ability, therefore, does not necessarily infringe human cloning technology to autonomy based on human dignity. Secondly, is the essence of human cloning technology, pre-selected and arranged some future people born genome. The reason why people like to use cloning technology, mainly based on four motives: First, instead of the dead child or fetus; First select good genes for future generations; First, the treatment of infertility; Another is to create a suitable organ donor. Comprehensive analysis of all motives under the domination of the relationship between cloning and human dignity, is a very complex issue. For different reasons or motives for cloning and the value of human subjectivity, the relationship between human dignity presents complex physiognomy, under the control of different motivations of human cloning technology and the relationship between human dignity is not the same, it is difficult to be a simple affirmative or negative determine whether the technology is contrary to human cloning human dignity. Again, human dignity has a public nature, collective sense of social norms and constraints to individual autonomy should be at the core of human dignity and social responsibility as well as the public value of all mankind should follow some common coordinate. For groups or social dignity, the best protection is to ensure that everyone came to this world from genetically, random, instead of being chosen. Ensure ethnic diversity, pluralism is a general interest to humanity and values, in this sense, the destruction of the human gene cloning technology diversity, randomness and a violation of human dignity and worth of the whole.

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