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gust and horror. The common response was simple: "This should
not be happening."
These moral experiences are so common that we often do not
stop to think about them, much less justify them. They are part of
our compl~and violent world. Only the willfully obtuse or the mor-
ally blingfwould deny the reality of these simple moral reactions. In
college classrooms we often discuss complicated "moral problems."
Such discussions constitute the very essence of many courses with
names like "social ethics" and "contemporary moral problems."
Typically, the topics covered are controversial "hot-button" issues:
abortion, capital punishment, affirmative action, euthanasia, ani-
mal rights, etc. 2 But focusing on a divisive set of moral topics often
obscures the vast amount of moral agreement that exists among
ordinary people, a level of agreement that we take for granted on a
daily basis. Most parents care for their children, most friends keep
their word, most strangers respect the physical security of others.
We go to shopping malls with thousands of others and largely feel
safe doing so because we correctly assume that most people do and
will continue to abide by such simple moral rules as "don't harm
other people." 3
Americans were profoundly divided over the Vietnam War, and
that division only deepened over time. But when a photograph of
a bound prisoner being shot at point-blank range by a South Viet-
namese officer was released, there was general revulsion on all sicles.
During that time, one could have had (and many classrooms did 1
28
The Moral Sense
take complicated chains of reasoning about ethics only ori the basis
of these prior moral intuitions of right and wrong. On this account,
moral properties are unanalyzable into other properties such as
"useful" or "frightening." The analogy, for the rationalists, has often
been made to color. A yellow bottle cap sits on the table before me. I
look at it and see it to be yellow. I do not typically ask, "What makes
it yellow," or "Why is it yellow," or more basically, "What is yellow?"
Yellow is yellow. It is a basic term that cannot be broken clown into
further qualities or properties. I simply see the bottle cap as yellow.
Further analysis is unnecessary and pointless. 5
For the rationalist, natural moral experience operates in much the
same way. As human beings, we simply "intuit" the inherent moral
quality of the act before us. Once the act is seen as a simple type of·
act-e.g., theft-the moral quality of "wrongness" is immediately
apprehended along with it. 6 These immediate moral apprehensions
are like sense perceptions. They are subject to error. Moral mis-
apprehension is common. In fact, one very plausible response to a
moral reprimand is to daim that the one making the complaint is
misinformed: "If you knew all of the facts you wouldn't say that."
So we use various checki~g procedures to test our immediate appre-
hensions. We try to ascertain as much information about the event
as possible. Omniscience is for God. But gaining as much informa-
tion as possible is a humanly proper good that helps to clarify moral
intuition. We try to adopt an impartial point of view. We do not want
1
persona! ties or loyalties to distort our moral sense. In the eighteenth
century, these qualities of knowledge, disinterestedness, and impar-
r- tiality were said to be those which we should adopt in a "cool hour."
It is in such a "cool hour" when we should make moral judgments on
the basis of our rational moral intuition. 7 On the rationalist account,
then, there are two moments of moral apprehension. The first is
the immediate apprehension or sense of right and wrong, good and
evil, virtue and vice. The second moment is the rational judgment
of right or wrong in as ideal or "cool" a set of conditions as we can
achieve, given our human limitations.
1
--i--
1
This sort ofrationalism about human knowledge and judgment
has an honorable history, and a number of thinkers like the English
intuitionists Richard Price, H. A. Pritchard, and W. D. Ross have
adopted it. It is, however, less persuasive when considered carefully.
The idea that we have a natural, intuitive grasp of morality is not
29
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31
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'~.-
t
..·.·.,·
32
The Moral Sense
r
universalismwould be hard to find. Finally, at least some sentiments
are natural in the sense of being basic human responses not based on
social conventions. Sorne of our moral sentiments are based on con-
ventional rules, or what Hume calls "artifice," such as property rules
and notions of theft, or rules of honesty that circumscribe what we
33
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34
The Moral Sense
1 form the idea of the yellow bottle cap. Others may challenge the
idea as incorrect. They may say 1 do not know standard English,
that yellow is not the right word for what 1 see. Or they may say that
1 do not understand standard conditions, that my view is clouded.
Moral judgment operates in much the same way. We may chal-
lenge someone's moral grasp of the nuances of the situation on which
their moral judgment was made. We may argue that the one mak-
ing the judgment is swayed by personal interest or overwhelmed by
other emotions aroused by the act or actor. Finally, and importantly
for Hume, we may misjudge the motives of the agent. Hume believes
that the core of moral judgment is a judgment about such motives.
From an observation of a person's actions we infer that someone's
motives are worthy of either praise (moral approval) or blame (moral·
disapproval):
35
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1 ~
view of ethics as rooted in sentiments that are part ofhuman nature. 26
For Charles Darwin, human beings are the result of a process of evo-
lution that gave us a "human nature" fit to survive and even thrive in
competition with other species. Like Aristotle, Darwin understood
human beings to be social or political animals who could only sur-
vive and thrive in groups of others. Thus, for Darwin, morality is
first and foremost a social phenomenon, one in which we unite in
feeling with others in our group. Darwin always calls our moral fac-
36
The Moral Sense
37
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38
The Moral Sense
tain sort of moral sense could persist in human beings and in large
human groups.
The second strand of thought we should note in Darwin's account
is less obvious and more contentious but no less crucial. Darwin's
references to "absurd" religion, "savages," and "rude" levels of exis-
tence call attention to his own latent standard of judgment, that of a
secular Victorian, for which he gives no account. At one point Dar-
win writes, "[A]s man advances in civilization small tribes are united
in larger communities and the simplest reason would tell each indi-
vidual that he ought to extend his social instincts to all members of
the same nation though personally unknown to him." 32
Two problems are obvious with this passage. First, on what basis
do we call a wider "nation" an advance over a tribe? Certainly an·
argument may be made for this view, but it is not one that can be
derived from Darwinism itself. Second, Darwin must show that the
"simplest reason" leads to the conclusion that he supposes. Ethnie
or racial hatred persists and has persisted in nations large and small
since human beings have existed. A human existence shaped by reli-
gious background beliefs about the unity of all humankind certainly
does teach Darwin's universalist conclusion. But it is doubtful that
reason, developed as a survival tool for the passions, teaches any such
conclusion. At the very least Darwin gives us no reason to think so. 33
39
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We as human beings have the capacity to feel for others and with
others. We can feel a sense of ought, of benevolence, and compas-
sion. These writers stressed that we feel this first in ~amily and
later within larger groups. This is surely a powerful daim about
the importan~e of the family in a sound political and social order.
Parents naturally care for their children, and children naturally
reciprocate that care with affection. lt is naturally virtuous that this
should happen; when it does not, something is amiss-something
"unnatural" has occurred.
The stability of human nature, derived from millions of years
of development, means that those human institutions, which devel-
oped to enable our nature to flourish, are themselves inherently
natural and should remain for the most part stable. For the Humean
or Darwinian, dreams of vastly changing human nature by chang-
ing institutions are dreams destined to be unfulfilled. Utopians
who want to do away with government (the "withering away of the
state") or the family will always fail because they conceive of human
nature as infinitely malleable. Especially after the failure of modern
utopianism in its most virulent twentieth-century forms-Nazism
and communism-the facts speak loudly against such dreams.
Even the much-criticized philosopher Peter Singer, whose
writings on animal rights, euthanasia, and infanticide are highly
controversial, has recently explored in a nuanced way Darwin's
importance for politics. ln A Dar-winian Left, Singer puts forth
what turns out to be a quite conservative thesis. 34 Left-wing politi-
cal movements, most noticeably Marxism in all of its varieties,
have viewed humanity as the product of institutions that shape us.
Change the institutions and you change human nature. If you do
not want greedy people, change the economic system so that avarice
is not rewarded, and you will thereby produce more altruism and
self-sacrifice.
Singer argues that this leftist dream is impossible. Human nature,
Singer says, drawing from Darwin, is not malleable. It is powerfully
stable, changing if at all over tens of thousands of years in response
to small changes in the environment. Hence, human nature is not
under our control. What a "Darwinian Left'' can legitimately aim at
is not massive social change in the direction of the "new man." The
"new socialist man" is a chimera. A "Darwinian Left," rather, would
aim for little more than compassion for the less fortunate and wel-
40
The Moral Sense
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The Moral Sense
criticisms of relativism are well known and for most s~rious moral
thinkers insurmountable. The first problem such a belief encoun-
ters is the obvious presence of stable moral convictions across a wide
variety of cultures. We do not disagree across cultures about the vast
majority of moral matters, nor about general moral rules concern-
ing, for example, murder, lying, and theft. What we disagree about
are a small group of highly contested issues and about the applica-
tion of general rules to highly complex cases of moral choice.
Consider disagreements concerning complicated, specific moral
problems such as abortion or care for the dying. No serious moral
thinker denies either the importance of these topics or the fact of
disagreement. But the relativist believes two things that are emi-
nently contestable. The relativist believes that all moral principles·
or beliefs are relative to cultural fashions. However, we can say that
the universality of many features of our moral lives seems to escape
the relativists' notice. Parents everywhere are expected to care for
their children, and moral principles universally reflect this nurtur-
ing propensity and pronounce it good. Gratitude for parental care
and the honoring of parents are universally upheld as right and
good. People everywhere are horrified at the senseless slaughter of
innocent civilians. Truth is valued and lying is condemned univer-
sally. Few in any culture believe that promises are only to be kept
when one firids it convenient.
Second, thè relativist must hold that whatever disagreements
exist cannot be resol ved by reflecting more deepl y on them, by care-
ful attention to detail, or by taking a wider, more dispassionate view
of our moral sentiments. The fact that we do resolve our differences
everyday in ordinary life by appealing to better knowledge or a wider
sentiment suggests quite directly that the relativist is simply too fast
in concluding that the existence of some as yet unresolved moral
quandaries means that no such moral problems can ever be resolved.
Furthermore, the relativist has no basis for evaluating cultural or
social change. This view seems clearly wrong and contravenes even
the most obvious feature of human existence. We do evaluate social
change. We make judgments about such changes on a regular basis.
The ending of slavery is right. So, too, was extending the vote to
women and the ending of child sacrifice. Many regard some of the
changes wrought in American life by the generation of the 1960s
as wrong. Rising divorce and abortion rates and sexual intimacy
43
1 !
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The Moral Seri.se
too narrow to account for the complexity of human nature and our
moral lives as we find them. Hobbes is correct that survival is an
exceedingly powerful human motivation. But soldiers do sacrifice
their lives for kin and country. Parents give up their lives for their
children. Deeply religious people sacrifice their lives for their faith.
Each of these is an act that Hobbes has a difficult time explaining.
On the other hand, some reductionists are notas bold as Hobbes.
, They attempt to use rhetorical sleight of hand to save their theory
from facts that can be observed by anyone. Self-interest theorists, for
example, often water clown the notion of self-interest to "doing what
you want." But this winds up as nothing more than a trivial truism. 45
Self-interest theorists also sometimes resort to the concept of eternal
reward in order to salvage the complete self-interest that their theo-.
ries require. People who give up their happiness for others "really"
expect a reward in heaven, so they are "really" pleasure-seekers or
looking after their self-interest after all. These moves seek to salvage
a narrow view of human nature after the fashion of a single-factor
conspiracy theorist, and they are just as persuasive. A conspiracy
is thought to exist. Doctor Evil is the master conspirator. Someone,
however, daims that we cannot find evidence that Doctor Evil 's
activities are the cause of all our miseries. "See," the conspiracy theo-
rist retorts, "this .just shows you how clever Doctor Evil is; he is able
to hide his actions so that you never know what he is up to."
McShea's alternative to relativism and reductionism is what he
calls "traditional human nature theory." This is a non-reduction-
istic Humean/Darwinian theory of human nature as complex. and
motivated by a variety of moral passions. Our common human
nature, understood biologically, is the basis of moral sentiment:
"Our common membership in a distinct and determinate biologi-
cal species makes all humans within a relatively narrow range very
much alike in physical form and functioning and in intellectual
capacity."46 This physical human nature includes our "emotional
profile," which has not fundamentally changed over the past several
hundred thousand years:
The species' typical feelings are, for humans and for the
higher animais, the only possible motivating force. Our
feelings are the only basis on which we can make value judg-
ments .... [T]here is no external standard or inner resource
45
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The Moral Sense
47
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writes Hume, "are passions inherent in our very frame and constitu-
tion. The want of them on some occasions may even be a proof of
weakness and imbecility."52 These passions are part of human nature.
But can hatred in its strongest form ·ever be thought of as noble? If
so, then its occasional nobility cannot derive from its mere existence
but from some other feature that determines its moral quality in
these rare cases. Anger or even hatred are almost always ignoble
passions that lead to self-defeating acts that bring us a great deal of
displeasure. Hume rightly points out that this cannot be the whole
story. I agree. But then the whole story must include some account
of how to determine when anger or even hatred is even justified,
which McShea does not provide.
Anger is part of our natural set of passions, but we surely do not
1
want to say that anger is like benevolence. Anger is not always good.
It is good or valuable only sometimes. The problem is that we do not
have, in the account given by McShea, any idea of what those times
might be.
McShea might have recourse to Adam Smith 's impartial specta-
tor at this point. He could argue that the way we judge our passions
is by appealing to such a less partial, more knowledgeable observer.
It is the passions of such a person that we look to for guidance about
our own passions. But this does not fully solve the problem. For
how are we to recognize the feelings of the ideal spectator? Simply
consider the issue of knowledge. The spectator will obviously have
knowledge that we do not possess. That, supposedly, is one quality
that makes his or her evaluative feelings better or sounder than ours.
However, how are we to recognize the spectator's wisdom? The idea
that his or her evaluation differs or agrees with ours is no sure guide.
In order to follow the word of another, e.g., a spectator, don't we first
need to trust the other morally? Don't we need to trust the goodness
and virtue of the spectator before we can know of the value of his or
her moral feelings? Furthermore, how can we know these feelings if
the spectator does not tell us about them? 53
The problem of how we can corne to an appreciation of moral
change is seen even more dramatically in the case of· ethnicity or
kinship relations. A central fact ofhuman survival is the importance
of parental care. This much is a given. Furthermore, a large body
of Darwinian literature shows how the first "community" of the
family naturally expands to include a small kinship group. In fact,
48
The Moral Sense
49
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50
The Moral Sense
nature. 59 For the same science that gives us the power to genetically
modify plants and animais to our specifications will also allow us to
engineer human beings to suit our desires. We already use prenatal
diagnosis and selective abortion to winnow out human beings with
what are called "defects." In the future, we will use even more pre-
cise genetic tests to perfect this selection. And this sort of negative
selection is only the tip of a very large iceberg. Before long, genetic
technologies will allow us to offer precisely the selection of any fea-
ture with a genetic basis. If McShea and the neo-Darwinians are right
that our "species-typical feeling patterns" are rooted in our genetics,
and therefore that they are passed genetically from one generation to
the next, then we increasingly must ask ourselves what changes we
might want to make in the future to this once fixed pattern. Would'
we want males with less testosterone-induced aggression? Would we
prefer greater parental sensitivity? Would we welcome more human
risk-taking? Would we like a diminished ability to feel another's pain
or suffering?
In other words, in an era of rapid genetic change we can no lon-
ger assume what McShea and the Darwinian moralists assumed: the
fixity of human nature, at least considered biologically. If human
genetic destiny is not fixed, then we require a standard that is itself
not genetic in order to determine what sort of genetic destiny we
should choose for ourselves. The standard of choice either must
not exist, or it must be transcendent. lt may very well be that the
foundational choice is between nihilistic assertion and divine guid-
ance. The classical tradition may no longer be adequate to our needs,
because its very standard-nature-is no longer beyond the reach
of human choice. In other words, nihilism or the Jewish, Chris-
tian, or Muslim traditions may ultimately be the only alternatives.
Nietzsche or scripture.
Recall that both Aristotle and Hume argue for the importance
of natural feelings as the key to moral awareness and moral judg-
ment. For Aristotle, having the right sort of feeling, in the right way,
at the right time, in the right amount, and toward the right person,
is crucial. Virtue. is a state of character coricerned with choice and
what is chosen or desired. Therefore, both the reasoning must be
valid and the desire correct if the choice is to be right. The coura-
geous person must feel the right kind and amount of fear in the
right situation. One is not brave, for Aristotle, when nothing fearful
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stands in the way; nor can one act bravely if one is paralyzed by too
much fear. Hume is more straîghtforward. The feeling of pleasant-
ness or unpleasantness is primary. We cannot ask, "lt pleases, but
is it good?" "We do not infer a character to be virtuous because it
pleases but in feeling that it pleases in a particular manner we feel
that it is virtuous."60 This emphasis on feelings as the starting point
of a natural morality, however, is problematic in our era, which
provides us with the technology to control our moods. Psychophar-
macology, for instance, is just in its infancy, but it already gives
us the ability to alter a person's feelings. Mood-stabilizers have the
capacity to blunt a person's ability to feel deeply about events, tragic
or otherwise. With the aid of mood stabilizers, one might not feel
so sad when faced with images of an Ethiopian famine. In a similar
way, mood elevators can even be used to give people a heightened
sense of their overall well-being. All of this could have a crucial
impact on the human moral sense.
Psychopharmacology has been around in one form or another
since the 1950s. At first, all that could be offered were heavy tran-
quilizers such as Haldal or Thorazine, which would calm the
symptoms of florid psychosis most often seen in schizophrenia and
bipolar disorder. Under the influence of such drugs, a patient no
longer heard voices or thought that the government was inserting
thoughts into his head. But Thorazine and its siblings left patients
drugged and lethargic and sometimes caused severe facial tics. Early
antidepressants likewise had unattractive features, with patients
often feeling sedated and dry-mouthed.
In both cases, the sicle effects proved to be such that there was
little likelihood that anyone would take these drugs unless they
really needed to. For severely depressed patients who were socially
withdrawn, not sleeping well, unable to concentrate, unable to eat,
and perhaps even suicidai, early antidepressants brought revolution-
ary benefits. Dealing with the sicle effects was better than feeling so
sad that one wanted to be dead. In the last twenty years, however, a
new class of drugs has been developed. These drugs have few of the
old unwanted sicle effects. They can elevate one's mood, one's sense
of well-being, and one's sense of pleasure without the sicle effects
that limited the administration of older medications to the truly
afflicted. One can now get a mild sense of euphoria in a perfectly
legal manner without nasty sicle effects.
52
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These cases are ingenious but hardly compelling. They are all
tragedies, certainly. But do they require cloning as a solution? In
the first case, surely not. Sperm donation will provide a solution
without cloning. Such a donation and fertilization are imperfect to
be sure, but they may be better than cloning. In the second case,
we might as well say that life is not always fair. This provides little
reason for moving into uncharted waters with a technology like
cloning. The commission itself was not folly persuaded by the first
two cases, but it did regard the third case as compelling. "The trag-
edy of allowing the sick child to die because of a moral or political
objection to clol).ing overall merely points out the difficulty of mak-
ing policy in this area." 15
There is an old adage that difficult cases make bad law. That
adage applies here. Technology tends to have a life of its own, and it
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can rarely be kept within speciaJ limits designed to meet very spe-
cial or exceptional cases. Once we cross the line from "no cloning"
to "yes, in a few tragic cases," we will soon find that the proviso of
limiting it to a few cases is dropped. Two examples from recent his-
tory in allied fields deserve mention here.
Abortion was once limited only to cases in which the mother's
life was at risk and, in some states, to cases in which the woman had
been raped. Beginning in the early 1960s, a movement to change
American law focused on expanding the so-called exceptions under
which abortion would be considered legal. The key change would
be to accept the mother's health, especially her mental health, as a
legally sufficient reason to have an abortion. Sorne supporters of this
change undoubtedly thought of it as a limited and humane exception
in cases of severe health risks-mental or physical-for the mother.'
Others may have had broader goals in mind. But the health exception
became the exception that swallowed up the general rule. California
provides an example. When Governor Ronald Reagan signed Cali-
fornia's abortion reform law in 1967, the idea was to provide relief to
persons in serious and troubling cases. Within five years the result
was clear. California was the place to go if you wanted an abortion.
Clinics were giving women a thirty-minute mental health screening,
after which they were certified as having a mental health condition
requiring abortion as a solution. 99 percent of all applications were
approved. More abortions were performed in California in 1972, the
last full year before Roe v. Wade, than in 1974, the first full year after
that decision took effect nationally. The point here is that making
law based on special cases soon led to undermining all but the most
strenuous le gal restrictions .16
A second example involves widespread access to medical con-
traceptives. Originally, the oral contraceptive was said to be useful
for married couples. Rather quickly, however, social pressure and
legal decisions made the Pill available to any woman of adult age
and then to any woman, period, age being no barrier to obtaining
contraceptives without parental consent.17 This change has had
momentous consequences. As the noted anthropologist Lionel Tiger
has eloquently argued, this technology gave women virtually abso-
lute control over their reproductive decisions. Is it any wonder that 1
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Nature Challenged: Remaking Humanity
f,.:,
Based on these realities, we need to ask those who support human
cloning to be straightforward about the goal they seek. History casts
serious doubt on the proposition that the use of cloning can be kept
within very narrow and strict limits either by law or professional
guidelines, as the hard-cases argument would suggest. If we decide
to support research leading to human cloning, then we ought at the
same time be willing to endorse it as a normal part of the reproduc-
tive tool kit that individuals may use to give birth to a child. We must
ask ourselves, however, what our society would be like if this were a
widespread practice.
· So far we have considered only the limited case for cloning addressed
by modern commentators and the National Commission. We must
also turn our attention to the 2002 report of the President's Council
on Bioethics, the successor to the National Commission that was
formed in the wake of President Bush's August 9, 2001, decision to
deny federal funding for stem-cell research. The council's report,
"Human Cloning and Human Dignity," represents a somewhat
more conservative approach to reproductive cloning than is found in
the work of its predecessor. 19
The council reviewed the science and arguments on both sicles
of the issue of human cloning and stem-cell research. In the end, it
presented two policy options. The first was to ban both reproduc-
tive cloning and the so-called "therapeutic" cloning used to produce
stem cells for research. The second was to ban reproductive clon-
ing and impose a moratorium on "therapeutic" cloning. 20 By a slight
majority the council voted to support the second proposal. There
was no disagreement on the council about the recommendation to
ban reproductive cloning.
Unlike the council, some authors, like biologist Lee Silver, jour-
nalist Ron Bailey, and fertility expert Panos Zavos, have made a
much more expansive case for human cloning. Those who make
--.- this more expansive case for human cloning employ a two-pronged
! strategy. First, théy argue that none of the arguments against clon-
1 ing is sound. Yes, serious commentators all admit that at present
~ '
human cloning cannot be regarded as safe. 21 The rates of success are
so low and the rates of abnormal births so high that even defenders
1
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beings, who could thereby build better houses and eventually bring
into being all the technological wonders of the modern world. Thus,
technology is the intrinsic purpose of modern science, from medical
technologies that make our lives physically more comfortable to the
latest computer on which this text is being composed. 39
Technology is a product of human inquisitiveness about nature
and human acquisitiveness in seeking the fruits of nature for human
welfare. These desires for knowing and mastering in the service of
human well-being are as much a part of our nature as are erotic
attraction and the moral sense. Technology presents us with a prob-
lem born of human nature itself. Our manifold desires will not be
contained by our nature. Nature can only give partial guidance to
our activities, because the desire to domi~ate nature is part of what
makes us human. This fact lies behind the common objection to the\
idea that we should seek guidance from nature for human activities.
For nature, it is said, is as likely to be hostile to human well-being as
it is beneficent, and human nature is prone to ignorance, weakness,
illness, and evil. Living as nature intended would result in lives that
were bitter, short, and for the most part miserable. Infection, dis-
ease, violent struggle, and exposure to extreme temperatures would
be our lot. Surely we cannot presume that living in accord with
every natural regularity is morally good, nor can we presume that
all men only desire the good for man as such. We are often confused
about the good and we are frequently driven by our natural desires,
..
like David, to pursue evil. It is our nature as creative beings that
gives us the power to live long and prosperous lives.
Nowhere is this dilemma of appealing to nature for guidance
better exemplified than in the case of cloning. The best case for
cloning is made on the basis of entirely worldly, natural desires. The
desire for children is natural and in most instances good. We are so
constructed that we typically strongly desire children. They are also
the natural result of erotic intimacy. And once we have children, we
naturally desire to care for and nurture them. In the case of cloning,
these natural desires lead us to consider putting in their service a
seemingly unnatural technology. Nature itself surely cannot tell us
which of the two parts of our nature must be followed, for it is clear
that both are in their own way noble precisely from the point of view
of what is "natural."
Guidance on the matter of cloning cannot finally corne from
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the couple has success, the remaining frozen embryos are flushed
clown the drain. The NIH director argued that since these embryos
were going to be destroyed anyway, experimenting on them would
not violate the spirit of the congressionally imposed ban.
Now, note that no one is clamoring for using prisoners on death
row for research experiments, let alone ones that are inevitably fatal.
We concluded long ago that while capital punishment may be accept-
able, torturous punishments and the use of prisoners in potentially
lethal experiments are beyond the pale of civilized society, even
when the potential benefits are believed to be great. lt appears that
because the embryo is not yet sufficiently "like us," we do not want
to grant it even the minimal dignity afforded the serial killers of the
world. We will not carve up Ted Bundy in macabre fashion in order
to meet our needs for longevity, even though he is destined to die ',.
at the hands of the state. But embryos destined to die at the hands
of anonymous clinic technicians, according to the logic of Varmus's
decision, had less value as living human beings than they did as tis-
sue resources for the needs of the more fully grown.43
When George W. Bush took office, it remained for his new
administration to decide among three options for the federal fund-
ing of stem-cell research. The first option was to forbid federal
funding for any research using embryonic stem cells. This was what
we might call the "hard" pro-life position. The second option pre-
sented was the one the president eventually chose: to allow federal
funding for research on already existing stem-cell lines. Since these
lines held some therapeutic promise and since they had been created
before the president came into office, he could maintain his pro-
life stance while allowing federally funded research to go forward.
The third option was the position taken by the NIH director under
President Clinton. Not even on the table for consideration at the
time was the British decision to deliberately create cloned embryos
for research purposes.44
After Bush made his decision, both the pleas of the sick and of
scientists grew more intense. Within a year, voices were raised in
Congress urging America to follow Britain's lead. 45 Especially in the
Senate, support developed for allowing the NIH to fund the deliber-
ate creation of embryos for stem-cell harvesting. A majority in both
the House and Senate went on record in favor of the Clinton solu-
tion. Public celebrities like the late Christopher Reeve and Michael J.
94
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7
Conclusion
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moral status of the unborn and, therefore, about the morality of tak-
ing the life of the unborn. 6 Science has not "proven" that human life
begins at conception. Whether life begins at conception is a question
that is beyond the purview of science. Embryologists can present to
us the facts of fetal development from conception to birth. But what
counts as a human being, and furthermore, what counts as a human
i ~· being with moral standing, is not a question for medicine, nor can
the scientific community demonstrate that an unborn child is not
a person because it lacks this or that psychological or physiological
feature-such as brain activity-at a certain stage of development.
Philosophers and theologians themselves cannot agree on the
status of the unborn. Philosophers advance serious rational argu-
ments on each sicle of the question regarding the moral status of
the unborn. From an explicitly and seriously Christian theological
position, I believe that a strong argument can be made for the moral
1?,, status of the unborn. But from the standpoint of reason itself, the
!' question appears unresolved and probably irresolvable.
\ The same point can be made about the concept of a "life not worth
living," a concept that figures prominently in debates about the ques-
tion of end-of-life care. To discontinue life-sustaining care for severely
brain-damaged individuals is ultimately to conclude that such a per-
son no longer has a\ "life worth living." His quality oflife is considered
to be so poor that death would be preferable. But the very question of /
what makes life worth living is a personal, individual blend of philoso-
phy, attitudes toward life, and especially religious faith. 7
Consider a person in what physicians call a persistent vegeta-
tive state (PVS). If the PVS patient is not in continuous pain, a
fact which can be known, and is beyond suffering, which requires
consciousness, why should they want to have respirators or feeding
tubes removed? 8 Why not wait and hope for some new treatment?
From a purely human viewpoint, we must admit that this view is at
least credible. From the perspective of Christian theology, however,
the case looks entirely different. In light of the reality of the Easter
event, Christians should consider that discontinuing extraordinary
treatment is an act of mercy that enables, finally, the soul to achieve
its destiny with God. It also allows resources to be used to help oth-
ers in need who might return to astate of loving others.
Though my own convictions are clear, I do not believe that
a purely rational argument can decide between the secular and
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The Rawlsian solution will not do. Deeply and sincerely held beliefs
cannot be put on or taken off like a coat. Can a sincere atheist ignore
his atheism when considering George Washington's argument for
the social utility of religion in his Farewell Address? 17 Could he
accept the fact that what Rawls calls "presently general beliefs" hold
that there is a transcendent being called God? Or that a clear major-
ity of Americans believe that Genesis tells an accurate story of the
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only not divisive but constructive unless some such standard is hon-
ored."24 Perry is probably right about this, if the point is to engage in
a rationally persuasive argument.
On any of these views, however, the fondamental task of religious
communities in public debate is to give reasons for the positions they
hold on difficult issues. For Rawls and Greenawalt, especially, reli-
gious persans must employ some form of reasonable moral naturalism
in their public roles. They must give reasons that are acceptable to
any rational person who does not accept religious premises.
Appeals to natural law, overlapping consensus, and public reason
fail because they assume that the deepest faith commitments can be
set aside in the public square. Perry's view is plausible as far as it goes,
because any public conversation requires that the participants make
sense to each other. But what is the aim of the public conversation? I
believe that religious communities and persans of faith should enter
the public square with fewer rational arguments and greater faith.
Their faith will need to be intelligible to others if they are to bear
true witness. As men and women of faith, however, they should do
what they are empowered to do: bear witness to the faith they hold
and their vision of humanity as seen through the eyes of faith.
The natural law and public reason standpoints leave too many
areas of public policy unresolved. As we have seen, the possibility
of permanent genetic alterations to our biological nature cannot be
comprehended or resolved by natural law. Transgenics proposes to
alter the very ground of natural law, nature itself. If nature is then
not understood biologically but transcendentally as oriented toward
a nonphysical telos, this raises the very theological questions that the
concepts of natural law and public reason were supposed to bypass.
The dilemma cannot be resolved by the philosophy that cornes
from political liberalism. If we understand "natural" biologically,
as a certain strain of naturalism did regarding birth control, then
current issues in transgenics can't be solved. They cannot even be
properly comprehended. On the other hand, if we start with a tran-
scendental understanding of à human person, as oriented to his or
her eternal destiny, we raise questions, whether classical or Chris-
tian, that go beyond the confines of liberal theory.
The overlapping consensus argument is even worse. Only the
most meager of issues can be resolved by appealing to such a con-
sensus. There may be a consensus about a certain version of privacy
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King's "argument" or even his person, since, like all of us, he was
a flawed human being. The witness transformed us by transform-
ing our way of seeing the world. ln a very real way, through King's
words, we became the sons of former slave owners and the daughters
of former slaves, wanting and hoping that we too could lie down
together in the "red clay hills of Georgia." The words that King
was given that August afternoon more than forty years ago were not
the words of "natural law." Nor were they the phrases of a national
consensus-which did not exist until after he had borne witness to
what it should and must be. They were the prophetic words of faith,
and they refused to be anything other than faith. King's testimony
transformed our hearts by being fully faithful to a divine vision, not
by being couched in the language of public reason.
Consider a second example: pacifism. There is a secular case for
pacifism, which has been chronicled eloquently by Peter Brock. 32 ln
the recent past, the strongest secular arguments for pacifism have
been made by Robert Higgs in his seminal work Crisis and Levia- .
than. 33 It is a work with which I have a great deal of sympathy. War
has always increased the power of government. It never liberates.
Arrests of dissenters, suppression of dissenting publications, identi-
fication of opponents as traitors, seizure of private property for war
ends-these are all the results of U.S. wars. Many pacifists argue
that just-war theory ends up justifying anything and condemning
nothing. Philosopher Donald Wells has asked the question, "How
much does the just war justify?" The answer may be, "Whatever
you want it to." 34
But these arguments do not finally inspire people to oppose war.
What moves people is the faithful witness to another way, a way at
odds with the ways of war and warriors. Consider the four Gos-
pels, which many consider inescapably pacifist. Does the Sermon on
the Mount make any sustained argument for pacifism? The answer
must be no. Yet, can you read any version of it without being faced
with a vision of a people pleading for peace? Again, the answer must
be no. The sermon is a witness borne to a different life, not an argu-
ment made to rationally convince. 35
During World War II, John Ford SJ., a professor of moral theol-
ogy at the Catholic University of America, wrote an article titled,
"The Morality of Obliteration Bombing." His argument was that
the mass bombing of cities, as happened to grave effect in Dres-
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den and Tokyo, was deeply immoral. It was one thing to aim at
military targets and miss, accidentally killing civilians. But it was
quite another to target deliberately cities full of civilians. In the lat-
ter case, one intentionally sought the death of noncombatants. Since
noncombatant immunity is a core principle of just-war teaching,
the targeting of cities is never morally permissible. Such targeting
always involves an intention that is per se immoral, the destruction
of innocent human lives. 36
Ford's argument is rich, nuanced, profound and in my view
absolutely correct. But it changed no policy, just as masterful sim-
ilar arguments ab0ut the use of nuclear weapons by John Finnis,
Germain Grisez, and Joseph Boyle made no difference to another
generation of policymakers in the 1980s. 37 What does makes a differ-
ence is coming to see the suffering of innocent victims through their
visual and oral testimonies.
The Sermon on the Mount is an example of precisely how reli-
gious believers ought to engage the public square. They ought to
do just as Jesus of Nazareth and other religious teachers, such as
Gandhi, have clone: bear witness to the faith that is in them. In Erik
Erikson's famous phrase, "Gandhi's truth" is a truth that is eternal.
lt cannot be rationally demonstrated, and it moved an empire. 38
Another example to consider cornes from what Catherine Alba-
nese has called "American N atural Religion." 39 This is a sort of
transdenominatiohal faith whose adherents can be found in every
religious group. These believers find God-or "His spirit," depend-
ing on their theological tradition-in nature itself. Nature bears
witness to or is the abode of God. As such, we as His children must
take care of the earth and nurture it. There are many variations on
this theme in almost every Christian theological tradition, and con-
temporary environmental thought is profoundly indebted toit. For
example, this "sacred earth" position heavily influences the essays in
an important new collection, Fatal Harvest:· The Tragedy of lndustrial
Agriculture, edited by a Catholic lawyer and environmental activist. 40
The book appeared in two versions. One version had a normal trim
size and simply comprised the essays. This would be useful for the
average reader or for the classroom. The other version had stunning
photographs of the nature and effects of "industrial agriculture," a
way of showing what the authors regarded as a tragedy. Think too of
the American classic Let Us Now Praise Famous Men, by James Agee
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My view about the way in which faith can engage the public square
does not entail the view that deeply contested public issues like
capital punishment, abortion, or genetic engineering can only be
addressed by bearing witness out of a faith tradition. Rational argu-
ment has its place in the examination of these issues. The opponents
of abortion-on-demand are right to make arguments about alterna-
tives to abortion and to show how weak most arguments for abortion
are. What I am arguing is only that rational arguments are not suf-
ficient to change hearts and souls about something as contested as
abortion, euthanasia, capital punishment, and prenatal genetic diag-
nosis, among many similar issues. What opponents of abortion, for
example, must do is to find ways for others to see the humanity of
the unborn. For this purpose, technical discussions of genetic codes
and fetal development may be a largely wasted effort. Show people
color photographs of an eight-week-old fetus and ask them what
they see. Do they see a small, frail human being? Of course they
do. They would be blind not to. They would see it not because they
have been rationally argued to such a position. Rather, they have
seen the humanity of the unborn right before their eyes. Their way
of seeing the unborn is changed. Once the heart has been trans-
formed, then we can ask whether the reasons most often given for
abortion seem good enough to take a human life.
In the early 1970s, when Canada was embroiled in the same
debate over abortion as was the U.S., University of Toronto professor
Marshall McLuhan, an intuitive genius about the effect of emerging
visual media on culture, pleaded with the pro-life movement to use
more pictures of live and aborted fetuses to influence the general
public on the central issue: the humanity of the unborn. McLuhan
was a strong pro-life advocate. But he knew that arguments were
only one piece of a much larger puzzle.43
All of this is related to the difference between "telling" and
"showing." Most philosophers and theologians, as well as many
other writers, offer didactic lessons to make their points by employ-
ing discursive reason. Philosophers offer reasons to a conclusion.
Theologians do the same by quoting scripture and church authori-
ties, drawing out the conclusion they believe is warranted. These
are classic "telling" approaches. Telling or giving reasons for the
conclusion one reaches, and expecting that others will be similarly
convinced, is a classic and well-trod path.
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The core of what Christians must bear witness to in word and deed
is the vision of existence seen in the life, death, and resurrection of
Jesus of Nazareth. This is the sort oflife that God intends for us.
This is the flourishing, or well-lived life, in God's eyes. As we bear
true witness to such a life, others may corne to see the transforming
power of this life, even in its weakness over and against the powers of
this world. Others then may corne to recognize the true strength of
a life lived in opposition to the ways of worldly mastery and domina-
tion, for we are told that the meek are especially blessed. 44 The task
may not be to "remake Eden," but to live the life God envisioned
from the beginning in the revelatory story of Eden and its aftermath.
The fondamental core of this life is summed up by Jesus himself:
absolute love of God and neighbor. "Love the Lord your God with
all your heart, and with all your soul, and with all ·your might, and
with all your mind. This is the first and greatest commandment.
And the second is like it. Love your neighbor as yourself. AU the law
and the prophets hang on these two commandments."45
The love of God, which is the anchor of the Christian life, might
be understood in terms of a complete or absolute commitment to
God, a complete covenant with Him. Trust is another word that
points to what love of God means. The words of Proverbs are uni-
versal: "Trust in the Lord thy God and lean not unto thine own
understanding."46 But trust can also be understood as self-giving
love, in which the individual gives up his own striving and loves
God without the conditions we usually put on such love.
By trusting in and following a transcendent power, we are freed
to bear true witness to the "principalities and powers" of this world.
Fear, especially fear of physical harm or death, paralyzes the human
tongue, even the Christian tongue, from speaking as it should. Com-
mitment to God frees us from fear. We become fearless because we
have a hope of eternity. And we then recognize the light that shines
even in the darkest corners of creation.
God has made us free, and this freedom is evident in the tech-
nologies that now concern us. What we must bear witness to is the
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