Posts Tagged ‘law’
“The advance of genetic engineering makes it quite conceivable that we will begin to design our own evolutionary progress”*…
The obligations of a multi-day meeting (and the travel involved) mean that, from this issue, (R)D will be on pause until February 12 or 13 (depending on how connections play out…)
… and indeed the evolutionary progress of others species. But, Deputy Co-chair of the Nuffield Council on Bioethics Melanie Challenger asks, have we been sufficiently thoughful about the implications of this power?…
In 2016, Klaus Schwab announced that we had entered the Fourth Industrial Revolution. This is the era of the industrialization of biology, the leveraging of technologies to modify biological materials to meet human goals. While the first two Industrial Revolutions exploited energy and materials and the Third exploited digital information, the current revolution is a direct manipulation of life-forms and life’s substances.
The signature invention of this new era is CRISPR, dubbed “genetic scissors.” CRISPR is a ground-breaking method of making precise changes to DNA for a wide range of possible uses from disease reduction and elimination to the eradication of “pest” species and increases in the productivity of farmed animals. CRISPRs (the best-known system being CRISPR-Cas9) originate in RNA-based bacterial defense systems. Naturally occurring in species of bacteria, the Cas9 enzyme cuts the genomes of bacteriophages (viruses that will attack a bacterium), saving a record for defense against future infections. Scientists realized that this immunological strategy could be coopted to innovate a general tool for cutting DNA.
The optimism among those that seek to utilize these tools has been palpable for some time. As noted by the researchers at The Roslin Institute, creators of Dolly the Sheep, the world’s first cloned mammal: “Until recently, we have only been able to dream of…the ability to induce precise insertions or deletions easily and efficiently in the germline of livestock. With the advent of genome editors this is now possible.”
But the technologies of this new industrial era present ethical dilemmas and unknown consequences. What will it take to ensure that this revolution avoids worsening the enormous challenges we already face, especially from biodiversity loss and climate change? How can we get the balance right between the benefits and risks of human inventiveness?
In the 1980s, tech theorist David Collingridge presented his eponymous dilemma for those seeking to control potentially disruptive technologies. First, there is an “information problem” in which significant impacts are often invisible until the technology is already in use. Second, there is a “power problem” in which the technology becomes difficult to shape, regulate or scale back once it has become integrated in our lives. If we are going to navigate the Fourth Industrial Revolution successfully, we need to examine our use of CRISPR through the Collingridge dilemma.
The investors and engineers of the first industrial revolutions in the nineteenth century provide a vivid example of the information problem. They hoped that innovations like the combustion engine would unlock efficiency across multiple human sectors, from transportation to logistics to tourism. Such optimism was not unwarranted. Yet, as Collingridge’s dilemma suggests, it is easier to picture gains than to predict trouble. Building road systems and infrastructure carved capital movements into the landscape, symbolising freedom and the flow of wealth and creativity. Yet the striking visual parallels with our circulatory system did not stimulate anyone to forecast the ninety per cent of people today who are exposed to unsafe pollution levels from traffic or the associated health burdens from heart and lung disease to asthma. Nobody then foresaw the yearly deaths of two billion or so non-human vertebrates on our roads today, or that high traffic areas would cause localised declines in insect abundance of at least a quarter and, in some studies, as much as eighty per cent.
And, of course, most calamitous of all, there is climate change. Traffic emissions account for a fifth of all contributions to global warming. Yet the idea that a profitable and efficient machine like the combustion engine might precede devastating shifts in temperature and weather patterns was scarcely conceivable at the time. Now, it is a near ubiquitous feature of our understanding of the world.
When it comes to the engineering of biology, a similar information problem abounds. Not only is our understanding of biological life incomplete, but we know little about what the industrial processes that we are advancing inside the cells of organisms will do. The changes are both physically and ethically occluded. The ramifications of this and other related biotechnologies are not only rendered uncertain by the inherently complex nature of biological systems but are largely inaccessible to our imaginations.
We must struggle with the radical character of the industrialization of biology. Gene drives (a tool to increase the likelihood of passing on a gene) can weaponize the bodies and reproductive strategies of organisms to bias evolution in a directed way. Artificial chimeric organisms (those composed of cells from more than one species) mix and match biological traits and functions to bring about beings that wouldn’t occur otherwise, transforming autonomous organisms into useful parts for plug and play. But while evolutionary processes will sift those forms and strategies that most benefit future organisms, our acts of creation primarily benefit us alone. Survival of the fittest gives way to the contrivance of the functional.
Yet, despite the disruptive nature of these technologies, CRISPR is already entrenched in our research and economic landscape: here is the power problem of our new technology. The efficiency of modern versions of CRISPR has allowed the technology to pick up users fast. It is now a commonplace tool in labs around the world – with uses amplified during the pandemic – and continues to be utilized in ethically provocative trials, including the cloning of mammal species. CRISPR has been normalised by stealth.
This largely uncontested rollout has been enabled by biases in the evaluation of who is at risk. Put bluntly, humans worry about humans, and take risks to non-humans less seriously. As such, there are vastly different acceptance thresholds for certain kinds of uses and these can be exploited by those that seek to deregulate or profit from the technologies…
… This discrepancy is evident in the anxieties of Jennifer Doudna, one of the Nobel-winning scientists who made the CRISPR breakthrough. In her book, A Crack in Creation, she writes of a dream in which Hitler appears to her with the face of a pig and questions her excitedly about the power she has unleashed. Doudna’s anxieties relate not to the pigs of her dream (who are subject to a wide range of CRISPR applications) but to the potential of eugenics re-emerging in human societies. Her dream reflects not only the inevitability that any technology such as this will be equal parts destruction to rewards, but also that we must confront uncomfortable ideas about what it is to be a creature as much as a creator. Recognizing that these technologies work in the bodies of all biological beings, including humans, is a continual assault on the reasoning behind a hard moral border between us and them.
At present, the lives of non-human animals are the experimental landscape for our technologies. Their powerlessness to protest the uses of their bodies, wombs, physical materials, or futures leaves them vulnerable to being the test sites for a wide range of possible human applications. As a direct consequence of the serviceability of the bodies of organisms, CRISPR has been integrated into our world with little fanfare, directly facilitating the power problem that will, eventually, impact us too. Given Collingridge’s dilemma, what concepts and strategies could help us reduce the risks from CRISPR?
The first thing we need is a new definition of pollution. When it comes to combustion engines and other technologies of the first industrial revolutions, pollution is by far the most consequential harm. Direct impacts include the release of particulate matter or chemical compounds like nitrogen oxides or carbon dioxide into the atmosphere. Pollution from traffic has an immediate impact, especially fifty to one hundred metres from the roadside, with effects that we can measure, such as reduced growth rates or leaf damage in plants, or changes to soil chemistry and nutrient availability. On the other hand, long term effects of emissions, such as global warming, or the sustained impacts of waste on organisms and ecosystems, have proven tricky to anticipate and even harder to hold in mind…
…What is curious about the Fourth Industrial Revolution is that while several branches of science are arming us with the evidence that justifies an expansion of the moral circle to encompass a larger range of organisms, other branches are cranking up the objectification and exploitation of life-forms. As a result, there’s an obvious gap. Without addressing this, most concepts of pollution will remain anthropocentric. This may prove a critical misstep…
A provocative argument that “Gene Editing is Pollution,” from @TheIdeasLetter. Eminently worth reading in full.
See also: “The Ethics and Security Challenge of Gene Editing” and “The great gene editing debate: can it be safe and ethical?“
* Isaac Asimov
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As we ponder permuted progeny, we might send microbiological birthday greetings to Jacques Lucien Monod; he was born on this date in 1910. A biochemist, he shared (with with François Jacob and André Lwoff) the Nobel Prize in Physiology or Medicine in 1965, “for their discoveries concerning genetic control of enzyme and virus synthesis.”
But Monod, who became the director of the Pasteur Institute, also made significant contributions to the philosophy of science– in particular via his 1971 book (based on a series of his lectures) Chance and Necessity, in which he examined the philosophical implications of modern biology. The importance of Monod’s work as a bridge between the chance and necessity of evolution and biochemistry on the one hand, and the human realm of choice and ethics on the other, can be seen in his influence on philosophers, biologists, and computer scientists including Daniel Dennett, Douglas Hofstadter, Marvin Minsky, and Richard Dawkins… and as a context setter for the deliberations suggested above…
“The sentiment of justice is so natural, and so universally acquired by all mankind, that it seems to be independent of all law, all party, all religion”*…
Yunsuh Nike Wee, Daniel Sznycer, and Jaimie Arona Krems on an example of human values that seems due more to shared intuitions than local customs or social practices…
The Bible’s lex talionis – “Eye for eye, tooth for tooth, hand for hand, foot for foot” (Exodus 21:24-27) – has captured the human imagination for millennia. This idea of fairness has been a model for ensuring justice when bodily harm is inflicted.
Thanks to the work of linguists, historians, archaeologists, and anthropologists, researchers know a lot about how different body parts are appraised in societies both small and large, from ancient times to the present day.
But where did such laws originate?
According to one school of thought, laws are cultural constructions – meaning they vary across cultures and historical periods, adapting to local customs and social practices. By this logic, laws about bodily damage would differ substantially between cultures.
Our new study explored a different possibility – that laws about bodily damage are rooted in something universal about human nature: shared intuitions about the value of body parts.
Do people across cultures and throughout history agree on which body parts are more or less valuable? Until now, no one had systematically tested whether body parts are valued similarly across space, time and levels of legal expertise – that is, among laypeople versus lawmakers.
We are psychologists who study evaluative processes and social interactions. In previous research, we have identified regularities in how people evaluate different wrongful actions, personal characteristics, friends, and foods. The body is perhaps a person’s most valuable asset, and in this study we analyzed how people value its different parts. We investigated links between intuitions about the value of body parts and laws about bodily damage…
… If people have intuitive knowledge of the values of different body parts, might this knowledge underpin laws about bodily damage across cultures and historical eras?
To test this hypothesis, we conducted a study involving 614 people from the United States and India. The participants read descriptions of various body parts, such as “one arm,” “one foot,” “the nose,” “one eye” and “one molar tooth.” We chose these body parts because they were featured in legal codes from five different cultures and historical periods that we studied: the Law of Æthelberht from Kent, England, in 600 C.E., the Guta lag from Gotland, Sweden, in 1220 C.E., and modern workers’ compensation laws from the United States, South Korea, and the United Arab Emirates…
… Our findings were striking. The values placed on body parts by both laypeople and lawmakers were largely consistent. The more highly American laypeople tended to value a given body part, the more valuable this body part seemed also to Indian laypeople, to American, Korean and Emirati lawmakers, to King Æthelberht and to the authors of the Guta lag. For example, laypeople and lawmakers across cultures and over centuries generally agree that the index finger is more valuable than the ring finger, and that one eye is more valuable than one ear.
But do people value body parts accurately, in a way that corresponds with their actual functionality? There are some hints that, yes, they do. For example, laypeople and lawmakers regard the loss of a single part as less severe than the loss of multiples of that part. In addition, laypeople and lawmakers regard the loss of a part as less severe than the loss of the whole; the loss of a thumb is less severe than the loss of a hand, and the loss of a hand is less severe than the loss of an arm…
… Much of what counts as moral or immoral, legal or illegal, varies from place to place. Drinking alcohol, eating meat and cousin marriage, for example, have been variously condemned or favored in different times and places.
But recent research has also shown that, in some domains, there is much more moral and legal consensus about what is wrong, across cultures and even throughout the millennia. Wrongdoing – arson, theft, fraud, trespassing and disorderly conduct – appears to engender a morality and related laws that are similar across times and places. Laws about bodily damage also seem to fit into this category of moral or legal universals…
“An eye for an eye: People agree about the values of body parts across cultures and eras,” from @us.theconversation.com.
* Voltaire
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As we contemplate corporeal consensus, we might recall that on this date in 1974 (after the 1973 airing of a series of made-for-TV movies that established the character), The Six Million Dollar Man debuted as a weekly hour-long series.
Unlike superhero movies today, The Six Million Dollar Man TV series was not based on a comic book title. Instead, the science fiction, fantasy, adventure series was based Martin Caidin’s 1972 novel Cyborg and its three sequels. The series starred Lee Majors as an astronaut whose life is forever changed after a NASA test flight accident. Colonel Steve Austin awoke after the accident to find that his body had been rebuilt with bionic parts including two legs, one arm and one eye. The cost of the operation ran roughly $6 million. Now a super-human, Austin could run over 60 mph and had incredible strength. He found work as a secret agent for the Office of Scientific Intelligence. Before the show debuted on this day in 1974, three movie pilots had already been shown on ABC the year before. In 1975, a two-part episode featured Jaime Sommers (Lindsay Wagner), a professional tennis player who experienced a parachuting accident and was given bionic parts as well. However, her body rejected these parts and died. Then again, he character was so popular, Sommers’ character came back to life to star in her own series, The Bionic Woman. Both series were hugely popular and ran through 1978. Then, three new made-for-TV movies starring the couple aired in 1987, 1989 and 1994 and all three also starred Lee Majors’ son (Lee Majors II) as OSI agent Jim Castillian… – source

“Why do I feel so exercised about what we think of the people of the Middle Ages?”*…
There was more to the period than violence, superstition and ignorance: The Economist on a new book, Medieval Horizons, from Ian Mortimer…
“In public your bottom should emit no secret winds past your thighs. It disgraces you if other people notice any of your smelly filth.” This useful bit of advice for young courtiers in the early 13th century appears in “The Book of the Civilised Man”, a poem by Daniel of Beccles. It is the first English guide to manners.
Ian Mortimer, a historian, argues that this and other popular works of advice that began appearing around the same time represent something important: a growing sense of social self-awareness, self-evaluation and self-control. Why then? Probably because of the revival of glass mirrors in the 12th century, which had disappeared from Europe after the fall of Rome. The mirror made it possible for men and women to see themselves as others did. It confirmed their individuality and inspired a greater sense of autonomy and potential. By 1500 mirrors were cheap, and their impact had spread through society.
Mr. Mortimer sets out to show that the medieval period, from 1000 to 1600, is profoundly misunderstood. It was not a backward and unchanging time marked by violence, ignorance and superstition. Instead, huge steps in social and economic progress were made, and the foundations of the modern world were laid.
The misapprehension came about because people’s notion of progress is so bound up with scientific and technological developments that came later, particularly with the industrial and digital revolutions. The author recounts one claim he has heard: that a contemporary schoolchild (armed with her iPhone) knows more about the world than did the greatest scientist of the 16th century.
Never mind that astronomers such as Copernicus and Galileo knew much more about the stars than most children do today. Could a modern architect (without his computer) build a stone spire like Lincoln Cathedral’s, which is 160 metres (525 feet) tall and was completed by 1311? Between 1000 and 1300 the height of the London skyline quintupled, whereas between 1300 and the completion of the 72-storey Shard in 2010, it only doubled. Inventions, including gunpowder, the magnetic compass and the printing press, all found their way from China to transform war, navigation and literacy.
This led to many “expanding horizons” for Europeans. Travel was one. In the 11th century no European had any idea what lay to the east of Jerusalem or south of the Sahara. By 1600 there had been several circumnavigations of the globe.
Law and order was another frontier. Thanks to the arrival of paper from China in the 12th century and the advent of the printing press in the 1430s, document-creation and record-keeping, which are fundamental to administration, surged. Between 1000 and 1600 the number of words written and printed in England went from about 1m a year to around 100bn. In England, a centralised legal and criminal-justice system evolved rapidly from the 12th century. Violent deaths declined from around 23 per 100,000 in the 1300s to seven per 100,000 in the late 16th century.
Another “horizon” was speed and the sense of urgency that went with it. By 1600 a letter bearing important news could be carried 200 miles in a single day, thanks to people starting to use relays of horses at staging posts. Over the course of the 14th century mechanical clocks were developed, allowing time to be standardised and appointments to be kept.
The period was also marked by growing personal freedom, with the banning of slavery within England by the English church in 1102 and the rapid decline of serfdom after the Black Death of 1348-49, when nearly half the labour force died. Political power expanded to include a growing land and property-owning yeoman class. Whoever thinks the Middle Ages were all darkness has a middling understanding of history’s truths…
Shedding light on the Dark Ages: “Is everything you assumed about the Middle Ages wrong?” (gift link) @TheEconomist on @IanJamesFM.
* “Why do I feel so exercised about what we think of the people of the Middle Ages?…I guess it’s because so many of their voices are ringing vibrantly in my ears – Chaucer’s, Boccaccio’s, Henry Knighton’s, Thomas Walsingham’s, Froissart’s, Jean Creton’s… writers and contemporary historians of the period who seem to me just as individual, just as alive as we are today. We need to get to know these folk better in order to know who we are ourselves.” — Terry Jones (@PythonJones) in The Observer
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As we look back, we might recall that it was on this date (the feast day of St. Mary Magdalene) in in Middle Ages (more specially, in 1342), that Central Europe’s worst flood ever occurred. Following the passage of a Genoa low, the rivers Rhine, Moselle, Main, Danube, Weser, Werra, Unstrut, Elbe, Vltava, and their tributaries inundated large areas. Many towns such as Cologne, Mainz, Frankfurt am Main, Würzburg, Regensburg, Passau, and Vienna were seriously damaged, with water levels exceeding those of the 2002 European floods. Even the river Eider north of Hamburg flooded the surrounding land; indeed, the affected area extended to Carinthia and northern Italy.

“Before beginning, plan carefully”*…

The marvelous Matt Levine on one of the vexing challenges facing those who preserve themselves cryogenically…
See, if you go to a regular trusts and estates lawyer, she will ask you questions like “if your spouse and children die before you, whom do you want to inherit your estate,” but if you go to a science fiction trusts and estates lawyer, she will ask you questions like “if your frozen head cannot be attached to a fresh body and reanimated in 200 years, but your consciousness can be cloned in a computer simulation, would you like your estate to go to the cloned consciousness or stay with the frozen head?” Meanwhile I suppose if you go to a regular financial planner, he will ask you questions like “how much equity risk are you comfortable taking between now and retirement,” while if you go to a science fiction financial planner, he will ask you questions like “where are you most comfortable investing for the next 200 years, given that you will not be able to change your asset allocation decisions during that time, because you’ll be dead?”
When you are a kid, science fiction is fun because it imagines amazing futuristic technologies. And then you grow up and you realize that what’s really fun are the legal and financial technologies that are called into being by those physical technologies: Sure sure sure reviving a frozen head is great, but how does the frozen head get a credit card? Bloomberg’s Erin Schilling reports:
Estate attorneys are creating trusts aimed at extending wealth until people who get cryonically preserved can be revived, even if it’s hundreds of years later. These revival trusts are an emerging area of law built on a tower of assumptions. Still, they’re being taken seriously enough to attract true believers and merit discussion at industry conferences.
“The idea of cryopreservation has gone from crackpot to merely eccentric,” said Mark House, an estate lawyer who works with Scottsdale, Ariz.-based Alcor Life Extension Foundation, the world’s largest cryonics facility with 1,400 members and about 230 people already frozen. “Now that it’s eccentric, it’s kind of in vogue to be interested in it.”
He and others are trying to answer questions that at times seem more like prompts in a philosophy class.
Can money live indefinitely?
Are you dead if your body is cryonically preserved?
Are you considered revived if you have only your brain?
And if you’re revived, are you the same person?
So many good legal questions — “House considers the revived person to be different in the eyes of the law, in part because a person can’t be the beneficiary of their own trusts” — but also great financial ones.
Here’s one: Should you buy Bitcoin for your long sleep? The argument for Bitcoin is that you can hold it, indefinitely, without relying on anyone else: If you put 10 Bitcoin in a wallet and only you know the private key, and then you die and get frozen and come back in 200 years, no one will have taken your Bitcoin, legal rules about inheritance and perpetual trusts don’t matter, and you don’t need some succession plan for the trustees and financial advisers who will take care of your assets. You just have to make sure you remember your private key as you’re dying. Legal rules can change, human institutions can change, but your Bitcoin is immutable.
The argument against Bitcoin is, of course, what if people stop valuing Bitcoin? Putting your money in Bitcoin is a hedge against change in other human institutions, but it puts a lot of eggs in the basket of one human institution, “treating Bitcoin as money.” It’s a bit weird to bet that that’s more permanent than anything else.
More generally, what is money anyway? “It may be difficult to know what role money will play in a post-[artificial general intelligence] world,” says OpenAI to its investors, and what if OpenAI gets to artificial general intelligence before anyone gets around to unfreezing the heads? You might be leaving your future self all the wrong stuff…
Very long-term planning: “Cryogenics Law,” from @matt_levine via Ingrid Burrington’s wonderful newsletter, “Perfect Sentences” (in this instance, “Sure sure sure reviving a frozen head is great, but how does the frozen head get a credit card?).
* Marcus Tullius Cicero
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As we chill, we might recall that it was on this date in 1983 that the coldest (natural) temperature ever recorded on Earth was registered by the research station at Vostok, Antarctica: -128.5 degrees Fahrenheit (-89.2 degrees Celsius).

We might also note that today– July 20, 2024– is the date on which the action in Octavia Butler’s Parable of the Sower begins: “…in 2024, when society in the United States has grown unstable due to climate change, growing wealth inequality, and corporate greed…”







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