Social risks of the genetic revolution: from the standpoint of the legal approach

V. Lapaeva
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Abstract

Technological progress and law development until recently were different facets of one common process of mankind progressive advancement towards asserting greater independence from the natural elements and expanding the scope of human freedom. At the same time, law, on the one hand, was the most important incentive for the development of the creative potential of mankind as a source of scientific and technical innovations, and on the other hand, it was an effective way to correct deformations within the system of techno-humanitarian balance, guaranteeing against the most dangerous manifestations of technological power. However, with the advent of the 21st century convergent NBIC-technologies, the law increasingly demonstrates its inability to reduce the technological development risks to an acceptable level. The novelty of the situation is that social risks come to the fore. This trend is most clearly manifested in the field of legal regulation of the processes of creating and applying technologies for editing the human genome. A whole series of breakthroughs in the field of studying the human genome, carried out in recent decades, has opened up huge prospects not only for the development of medicine, but also for changing the natural qualities of a person, up to the possibility (so far theoretical) to control the mankind biological evolution. These new opportunities lead to entail proportionate social risks, connected primarily with the danger of an irreconcilable split of humanity into different socio-biological groups. In the current conditions law is not able to cope with the threat of humanity losing its biosocial unity. The hopes expressed in the public space for moral and religious factors to counteract the dangers of technological dehumanization, fraught with a surge of social injustice, seem to be greatly overestimated. There is even less reason to count on the so-called “moral bioimprovement” of mankind. In the current situation, apparently, there is no other way than a difficult creative search, focused on improving social, economic and political relations in line with an equitable legal approach. Successes along this path would provide the conditions under which the human community would be able to preserve the law vector of biotechnological development and, at the same time, avoid its catastrophic consequences.
基因革命的社会风险:从法律途径的角度
直到最近,技术进步和法律发展都是人类一个共同进程的不同方面,即朝着主张更大的独立于自然因素和扩大人类自由范围的方向不断进步。与此同时,法律一方面是发展人类创造潜力的最重要的激励因素,是科学和技术革新的源泉;另一方面,它是纠正技术-人道主义平衡制度内的畸形现象的有效途径,保证不出现技术力量的最危险的表现。然而,随着21世纪融合的nbic技术的到来,法律越来越显示出其无法将技术开发风险降低到可接受的水平。这种情况的新奇之处在于,社会风险浮出水面。这一趋势最明显地体现在对创造和应用人类基因组编辑技术过程的法律监管领域。近几十年来,在人类基因组研究领域取得的一系列突破,不仅为医学的发展开辟了广阔的前景,而且为改变人的自然素质,甚至有可能(迄今为止是理论上的)控制人类的生物进化开辟了广阔的前景。这些新的机会导致相应的社会风险,主要与人类不可调和地分裂为不同的社会生物群体的危险有关。在目前的条件下,法律无法应对人类失去生物社会统一性的威胁。在公共空间中表达的希望是,道德和宗教因素能够抵消充满社会不公正激增的技术非人性化的危险,这种希望似乎被大大高估了。更没有理由指望所谓的人类“道德生物改良”。在目前的情况下,显然没有其他办法,只能进行艰难的创造性探索,集中精力按照公平的法律办法改善社会、经济和政治关系。这条道路上的成功将提供条件,使人类社会能够保持生物技术发展的法律载体,同时避免其灾难性后果。
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