The gap between law and ethics in human embryonic stem cell research: Overcoming the effect of U.s. Federal policy on research advances and public benefit
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Science and Engineering Ethics 11 (4):589-616 (2005)
Key ethical issues arise in association with the conduct of stem cell research by research institutions in the United States. These ethical issues, summarized in detail, receive no adequate translation into federal laws or regulations, also described in this article. U.S. Federal policy takes a passive approach to these ethical issues, translating them simply into limitations on taxpayer funding, and foregoes scientific and ethical leadership while protecting intellectual property interests through a laissez faire approach to stem cell patents and licenses. Those patents and licenses, far from being scientifically and ethically neutral in effect, virtually prohibit commercially sponsored research that could otherwise be a realistic alternative to the federal funding gap. The lack of federal funding and related data-sharing principles, combined with the effect of U.S. patent policy, the lack of key agency guidance, and the proliferation of divergent state laws arising from the lack of Federal leadership, significantly impede ethical stem cell research in the United States, without coherently supporting any consensus ethical vision. Research institutions must themselves implement steps, described in the article, to integrate addressing ethical review with the many legal compliance issues U.S. federal and state laws create.
|Keywords||stem cells patents intellectual property U.S. policy ethics laws|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Patrick L. Taylor (2009). Scientific Self-Regulation—so Good, How Can It Fail? Science and Engineering Ethics 15 (3):395-406.
Similar books and articles
John A. Robertson (2010). Embryo Stem Cell Research: Ten Years of Controversy. Journal of Law, Medicine and Ethics 38 (2):191-203.
Timothy Caulfield (2010). Stem Cell Research and Economic Promises. Journal of Law, Medicine and Ethics 38 (2):303-313.
LeRoy Walters (2004). Human Embryonic Stem Cell Research: An Intercultural Perspective. Kennedy Institute of Ethics Journal 14 (1):3-38.
Bernard Dickens, International Society for Stem Cell Research (ISSCR) Guidelines for the Conduct of Human Embryonic Stem Cell Research (December 2006).
John A. Robertson (1999). Ethics and Policy in Embryonic Stem Cell Research. Kennedy Institute of Ethics Journal 9 (2):109-136.
Nikolaus Knoepffler (2004). Stem Cell Research: An Ethical Evaluation of Policy Options. Kennedy Institute of Ethics Journal 14 (1):55-74.
Robert Streiffer (2008). Informed Consent and Federal Funding for Stem Cell Research. Hastings Center Report 38 (3):pp. 40-47.
Rebecca Dresser (2010). Stem Cell Research as Innovation: Expanding the Ethical and Policy Conversation. Journal of Law, Medicine and Ethics 38 (2):332-341.
Added to index2009-01-28
Total downloads15 ( #124,667 of 1,679,324 )
Recent downloads (6 months)1 ( #183,793 of 1,679,324 )
How can I increase my downloads?