Questions of Stem Cell Research

Paper Summary:

The paper defines what stem cell research is and what it is used for, and explains what stem cells themselves are and why research focuses on them. The paper examines the legal issues raised by this research, explaining and contrasting the opinions of believers in rule of law, legal positivists, legal realists, secular humanists and the jurisprudence of critical legal studies, forming the complete spectrum of understandings of the place of law in society. The paper expounds upon the position of each of these groups regarding stem cell research, and supports some of the positions, while disagreeing with others, comparing and citing examples from the 2000 presidential elections and from when slavery was legal before the Civil War. In conclusion, the writer expresses the opinion that stem cell research should only be done on a byproduct harvested after a natural childbirth and posits that it is not necessary to trade the life of one person for the well-being of another.

From the Paper:

"The controversy revolves around the fact that these cells are most numerous in human embryos. In order to have a ready supply of stem cells, processes are being established to grow, and 'harvest' these cells from human embryos. Herein is the controversy. Is it morally, ethically, and legally proper to create life in one innocent being, and then destroy it in order to benefit another being? Is the embryo a being? If so, this argument leaves the exclusively legal realm, and must also be considered on the basis of moral and ethical principles. If the human embryo is not a being, but an unviable tissue mass, then growing and harvesting specific cells is neither a moral nor legal issue. In this latter case, the only laws needed to guide such research are those already in place, that govern the research and development of disease resistant cash crops, such as corn and wheat."

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