Legal Research Quarterly

Legal Research Quarterly

Evaluation of the Bases of Permission and Prohibition of Therapeutic Cloning in Iran and the United States of America

Document Type : Original Article

Authors
mahsa moshar movahhed 1 ΒΆ
mohammad Rasekh 2
Mirghasem jafarzadeh 3
mohammd Seyed Fatemi 4
1 PhD Candidate, Faculty of Law, Theology & Political Sciences, Islamic Azad University: Science & Research Branch, Tehran, Iran
2 Professor of Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran Corresponding Author Email: m-rasekh@sbu.ac.ir
3 . Associate Professor, Faculty of Law, Shahid Beheshti University, Tehran, Iran .
4 . Professor of Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
10.48308/jlr.2023.224781.2049
Abstract
The scientific method of therapeutic cloning, which claims to cure many incurable diseases, has been challenged by many moral thinkers and lawyers since its inception; On the other hand, the supporters of this method of treatment believe in its legitimacy due to its many benefits and advantages. Regardless of the opposition or agreement with therapeutic cloning in the legal system of each country, explaining the principles and bases of the supporters and opponents of this scientific method is of greater importance. The analysis and evaluation of the principles and bases cited by the proponents and opponents of therapeutic cloning shows that due to the equating of the state of the embryo resulting from the therapeutic cloning process with a human embryo by the opponents, their oppositions and arguments are not based on a correct foundation. Also, according to new scientific research, scientists have been able to find new solutions to prevent the abuse of this treatment method by solving the concerns of the opponents. Researches that are based on the necessity of the progress of science and the development of medical and therapeutic sciences.
Keywords
Therapeutic Simulation
Stem Cells
Human Life
the Necessity of Scientific Progress and the Development of Medical and Therapeutic Sciences
Subjects

  1. References

    Books

    1. Dworkin, R. Life’s Dominion: an Argument about Abortion, Euthanasia, and Individual Freedom, First Edition, Alfred A. Knoff, 1993.
    2. Ethics Guide for Stem Cell and Regenerative Medicine Research, Ministry of Health and Medical Education, (in Persian)
    3. Larijani, Bagher and Farzaneh Zahedi, Ethical and Legal Aspects of the Production and Use of Human Embryonic Stem Cells, published in Bioethics: From a Legal, Philosophical and Scientific Perspective, Tehran: Samt, 2009. (in Persian).
    4. National Research and Technology Policies and Priorities Between 2017 and 2021, Affairs of the Secretariat of the Supreme Council for Science, Research and Technology, 2017. (in Persian)
    5. Panno, J. Stem Cell Research, Medical Applications and Ethical Controversies, Facts on File, Inc. An Imprint of Infobase Publishing, 2011.
    6. Post, G. (Editor in Chief), Encyclopedia of Bioethics, Third Edition, Gale Group, Inc, 2004.
    7. Qari Sayyed Fatemi, Sayyed Mohammad, Human Rights in the Contemporary World, Second Edition, Analytical Essays on Rights and Freedoms, Tehran: Shahr-e-Danesh, 2009. (in Persian).
    8. Rasekh, Mohammad, Mohammad Mahdi Akhoundi, Amir Hossein Khodaparast, Arash Mohazeb and Leyli Monfared, Stem Cells: Ethics and Law (Ethical and Legal Aspects of Therapeutic Use of Stem Cells), Tehran: Avicenna Research Institute, 2010 (in Persian).
    9. Rasekh, Mohammad, Right and Expediency: Essays in the Philosophy of Law, Philosophy of Right and Philosophy of Value, Volume 2, Tehran: Nay Publications, 2017. (in Persian)
    10. Sandel, Michael, The Perfect Man: Ethics in the Age of Genetic Engineering, Translated by Afshin Khakbaz, Tehran: New publishing culture, 2018. (in Persian)
    11. Singer, P. Practical Ethics, Britania: Cambridge University Press, Third Edition, 2011.

    Articles

    1. Anne Warren, M. “On the moral and legal status of abortion”, The Monist, Women's Liberation: Ethical, Social, and Political Issue, Volume 57, Issue 1, 1973, pp: 1-9.
    2. Aramesh, Kiarash, “Ethical study of the monetary relationship in surrogacy”, Journal of Reproduction and Infertility, Volume 9, Issue 1, 2008, pp: 36-42. (in Persian)
    3. Delgado, R. and David R. Millen. “God, Galileo, and Government: Toward Constitutional Protection for Scientific Inquiry”, Washington Law Review, Volume 53, Issue 3, 1978, pp: 349-404.
    4. Ferast-Khah, Maghsoud, “Scientific Freedom”, Parliament and research, Volume 10, Issue 41, 2003, pp: 101-140. (in Persian)
    5. Ferguson, J. “Scientific Inquiry and the First Amendment”, Cornell Law Review, Volume 64, Issue 4, 1979, pp: 639-665.
    6. George, R. P. and Patrick Lee. “Acorns and Embryos”, The New Atlantis: A Journal of Technology & Society: 2004-2005.
    7. Hansmann, H. “The Economics and Ethics of Markets for Human Organs”, Journal of Health Politics, Policy and Law, 1989, pp: 57-85
    8. Korobkin, R. “Buying and Selling Human Tissues for Stem Cell Research”, Arizona Law Review, Volume 49, 2007, pp: 45-67.
    9. Korobkin, R. “Stem Cell Research and the Cloning Wars”, Stanford Law & Policy Review, Volume 18, 2007, pp: 161-189.
    10. Korobkin, R. and Stephen R Munzer. “Stem Cell Research and the Law”, Research Paper No.06-05, University of California, Los Angeles School of Law Public Law & Legal Theory Research Paper Series, 2006, pp: 2-111.
    11. Lee, P. “Embryonic Human Beings”, Journal of Contemporary Health Law & Policy, Volume 2, Issue 22, 2006, pp: 424-438.
    12. Marquis, D. “Why Abortion is Immoral”, The Journal of Philosophy, Volume 86, Issue 4, 1989, pp: 183-232.
    13. Natalie, R. “Science as Speech”, Iowa Law Review, Volume 102, 2018., pp: 1187-1237.
    14. Peterson, Sh. E. “A Comprehensive National Policy to Stop Human Cloning: An Analysis of the Human Cloning Prohibition Act of 2001 with Recommendations for Federal and State Legislatures”, Notre Dame Journal of Law, Ethics & Public Policy, Volume 17, 2003, pp: 216-268.
    15. Posner, R. A. and Elisabeth M. Landes. “The Economics of the Baby Shortage”, The Journal of Legal Studies, Volume 7, Issue 2, 1978, pp: 323-348.
    16. Qari Sayyed Fatemi, Sayyed Mohammad, “Biotechnology in the Mirror of Moral Philosophy”, Journal of Reproduction and Infertility, Volume 3, Issue 4, 2002, pp: 55-72. (in Persian)
    17. Rahmati, Mohammad, “Investigating the Ethical Dimensions of the Use of Embryonic Stem Cells”, Journal of Medical Ethics, Volume 7, Issue 25, 2013, pp: 11-32. (in Persian)
    18. Rasekh, Mohammad, “The Struggle for Life: An Overview of Abortion Theories”, Journal of Reproduction and Infertility, Volume 6, Issue 38, 2003, pp: 220-236. (in Persian)
    19. Robertson, J. “Embryo Culture and the Culture of Life: Constitutional Issues in the Embryonic Stem Cell Debate”, University of Chicago Legal Forum, Issue 1, 2006, pp: 1-40.
    20. Robertson, J. “In the Beginning: The Legal Status of Early Embryos”, Virginia Law Review, Volume 76, Issue 3, 1990.
    21. Robertson, J. “Two Models of Human Cloning”, Hofstra Law Review, Volume 27, Issue 3, 1999
    22. Robertson, J. A. “The Scientist's Rights to Research: A Constitutional Analysis”, Southern California Law Review, Volume 51, Issue 6, 1978.
    23. Sandel, M. “Embryo Ethics: The Moral Logic of Stem-Cell Research”, The New England Journal of Medicine, 2004.
    24. Van Der Burg, W. “The Slippery Slope Argument”, The University of Chicago Press, Volume 102, Issue 1, 1991, pp: 42-65.

    Judicial Decisions

    1. Dobbs v. Jackson Women's Health Organization, Supreme Court of United States, Decided June 24, 2022.
    2. Epperson v. Arkansas, Supreme Court of United States, Decided November 12, 1968.
    3. Roe et al. v. Wade, »District Attorney of Dallas Country«, Supreme Court of United States, Decided January 22,1973.

  • Receive Date 02 December 2021
  • Revise Date 31 January 2023
  • Accept Date 05 March 2023