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V V SETTING MORAL UNITS ON TECHNOLOGY
rofessor James Dranc (p. 30) has done a for technology so that it can be used for our ben masterful job of clarifying the three pri Tloe Jewish efit and not for our destruction. In all of this we mary goals for technology that have his are at one. torically been proposed—understanding, Perspective Natural Law theory, though, has had a spotty domination, and creation — and he has history in Judaism. David Novak, a rabbi and arguePd forcefully for returning to the first goal professor at the University of Toronto, endorses and measuring all contemporary technology by Differs in it and claims that previous Jewish philosophers the degree to which it preserves nature. Aside have done so as well. I am not nearly as con from keeping us from our most destructive uses vinced that the bulk of classical, medieval, or df technology, Professor Diane proposes this cri Some Ways modern Jewish thinkers can fairly be read as terion because he believes that an updated expositors—or even supporters—of Natural Law Natural Law approach to technology has cap theory. That requires me, then, to describe how I tured and can still gain the allegiance of religious from understand Judaism's approach to these matters, and secular thinkers alike, with Isaiah Berlin his both in theory and in practice. I hope that, as a example of the latter. Catholic result of my efforts here, Catholics and others As a Jew, I find much to share in Professor raised on Natural Law theory will come to under Diane's approach. Certainly his awe A\\d respect stand why Jews generally take a more favorable for nature and for the God who created it, which and stance toward technological innovation, while yet he desperately wants to restore to contemporary having a keen interest in preserving the world science, echoes multiple Jewish sources, from the God has created, a world to which we respond in opening chapters of Genesis and many chapters Protestant awe A\\d appreciation. In the end, we may come of Psalms (e.g., Ps 104) to modern thinkers such to our stance from a different theological base, as Abraham Joshua Heschel. Moreover, Professor but we face the same issues that Professor Drane Drane clearly does not want to abandon technol Ones raises—namely, how to impose reasonable limits ogy altogether, for that would also be religiously on technology in our time so that we do not make the earth uninhabitable. impermissible; he instead wants to define limits BY ELLIOTT N. DORFF, PhD But, hist, a historical and bibliographical note: Judaism traces its roots back to Abraham (c. 1700 BCE), continuing in both oral And written Rabbi Dorff is rector and traditions through Moses (c. 1250 BCE) And the Distinguished Professor of biblical prophets And sages through the rabbis Philosophy, University of who created the Mishnah (c. 200 CE), Talmud Judaism, Los Anjjeles. He cur ic. 500 CE), And Midrash (edited at varying rently serves on the National times), and on through medieval and modern Human Research Protections commentators, philosophers, and judges.* Advisory Commission of the US. Department of Because the rabbis of the Mishnah, Talmud, and Health and Human Services and is the author of Matters of Life and Death: A Jewish Approach *BCE stands for "before the Common Era." which to Modern Medical Ethics, Jewish Publication Christians call BC. CE stands for "the Common Era." Society, Philadelphia, 1998. which Christians call AD.
HEALTH PROGRESS JANUARY - FEBRUARY 2002 • 39 SPECIAL SECTION
Midrash decided which books would constitute [loses while still safeguarding and sustaining it. holy Scripture and then interpreted them in what We are not supposed to desist from changing the became the distinctly Jewish way, I shall refer to world altogether: "Six days shall you do your them as "the Rabbis," in contrast to the count work" is as much a commandment as "and on the less rabbis and thinkers who have since carried on seventh 40 • JANUARY - FEBRUARY 2002 HEALTH PROGRESS 4 SPECIAL SECTION • Avoid sickness and injury" THREE APPLICATIONS OF THESE PRINCIPLES • Do everything possible to save other human Professor Diane is particularly worried about lives [pikkuah nefesh), a commandment in the cloning, stem cell research, and genetic engineer Torah that takes precedence over all but three ing ot foods, and I share his concerns. others7 Ultimately, though, while I applaud his call for A certain rabbinic story indicates that the limits, I would support scientific efforts to do all Rabbis recognized the theological issue involved those things. I would put the limits elsewhere. in medical care (and in the use of technology gen erally), but it also indicates the traditional Jewish GENE THERAPY, GENETIC ENGINEERING, AND CLONING belief that using technology for good purposes Gene therapy remains very new and limited in such as producing food and preserving health is its applications. For example, its techniques are legitimate and, in fact, obligatory. The story goes currently used to cure hydrocephalus while the like this: fetus is still within its mother's womb. Rabbis generally agree that the legitimacy of human It once happened that Rabbi Ishmael and intervention to effect cure extends to procedures Rabbi Akiva were strolling in the streets of within the womb as well. It used in this thera Jerusalem accompanied by another person. peutic way, genetic engineering—which is still They were met by a sick person. He said to only a theoretical possibility—will also be seen as them, "My masters, tell me by what means an unmitigated blessing. I may be cured." They told him, "Do thus However, the same technic)ucs might poten and so until you are cured." The sick man tially be used to screen out traits that are not asked them, "And who afflicted me?" They manifestations of a disease at all but merely char replied, "The Holy One, blessed be He." We are, acteristics deemed undesirable by certain individ The sick man responded, "You have uals or groups. If, for example, we begin to use entered into a matter that does not pertain in the talmudic abortion to eliminate "defective" fetuses, we may to you. God has afflicted, and you seek to arrive at the slipper) slope whereon the definition cure! Are you not transgressing His will?" phrase, God's of defective soon becomes so broad as to allow Rabbi Akiva and Rabbi Ishmael asked only "perfect" children to be born, the goal him, "What is your occupation?" The sick partners in the being a master race. Genetic engineering gives us man answered, "I am a tiller of the soil, and even more sophisticated tools toward this end. here is the sickle in my hand." They asked ()\K<: we have become capable of changing not him, "Who created the vineyard?" "The ongoing aet of just the genes of a particular fetus but even its Holy One, blessed be He," he answered. germ line as well, we will be in a position to alter Rabbi Akiva and Rabbi Ishmael said to creation. human descendants for all generations to come. him, "You enter into a matter that does not That holds out the promise of rooting out genet pertain to YOU! God created the vineyard, ic tendencies toward heart disease, alcoholism, and you cut fruits from it." and a host of other medical problems, but it also will enable us to change the genetic traits that He said to them, "Do you not see the cause shortness, merely average intelligence, skin sickle in my hand? If I did not plow, sow, coloration, and perhaps homosexuality. More fertilize, and weed, nothing would sprout." over, genetic engineering will eventually allow us Rabbi Akiva and Rabbi Ishmael said to to create new organisms, a possibility posing real him, "Foolish man! . . . Just as if one does risks to human beings and to the environment. not weed, fertilize, and plow, the trees will not produce fruit, and if fruit is produced Although cloning has been much more thor- but is nor watered or fertilized, it will not oughly discussed in the media, it actually presents live but die, so with regard to the body. fewer moral problems for Jews than genetic engi Drugs anil medicaments are the fertilizer, neering does. Cloning, after all, does not intro and the physician is the tiller of the soil.8 duce into the environment a new organism; it just replicates an organism that already cxisis. The Rabbis quite explicitly, then, understand thus posing lesser risks. If cloning is used to over Ciod to depend upon us to aid in the process of come infertility, to aid in the research of diseases, healing and of improving life generally through or, in the case of plants and animals, to produce such acts as producing food. We are, in the tal food for starving people, it will be a very positive mudic phrase, God's partners in the ongoing act thing. On the other hand, cloning to avoid the of creation." intimacy of sexual intercourse, to gain immortali- HEALTH PROGRESS JANUARY - FEBRUARY 2002 • 41 J SPECIAL SECTION ty (as if that were possible through this tech woman's womb, and even then, during the first nique), to replicate oneself without any admix 40 days of gestation, their status is "as if they ture of someone else's genes, or to produce gen were simply water."" Abortion is prohibited dur erations of slaves—these would be illegitimate ing that time except for therapeutic purposes, for uses of the technique. They smack of self idoliza in the uterus such gametes have the potential of tion and of the denial of human mortality; they growing into a human being; but they have no thus make the moral and theological error of con such potential outside the womb. Frozen fusing human beings for Clod. embryos may therefore be discarded or used for Our moral doubts about genetic engineering reasonable purposes, and so may stem cells pro and cloning do not mean that research into these cured from them. techniques should stop; the potential benefits to There are, however, other factors that must be our life and health are enormous. Doubts should considered. The articles in a 1999 issue of The prompt us, however, to exercise care in how wc Hastings Report discuss some of them; here I will use our new capabilities. The problems are not note only two things about them from a Jewish just medical and technological; they are also perspective." moral and theological, requiring us to reexamine Access and Profit Ihe Jewish tradition sees the pro the very ways we understand ourselves as human vision of health care as a communal responsibili beings, our relationships to others and to Clod, ty, .\\K\ SO the justice arguments in Ihe Hastings and the limits inherent in being human. We must, Report have a special resonance for me as a Jew. then, as Professor Drane suggests, establish Especially because much of the basic science in forums in which people with different perspec this area was funded by the government, the gov tives can be heard and can strive to reach consen Genetic eminent has the right to require private compa sus on whether specific applications should take- nies to prov ide their applications of that science place or not, and, if so, under what conditions. materials to those who cannot afford them at reduced rates That is, we Americans need to develop our social or, if necessary, even for free. At the same time, expertise in morals to keep pace with our techno outside the the Jewish tradition does not demand socialism; logical advances. and for many good reasons, we Americans have uterus have adopted a modified capitalistic system of eco STEM CELL RESEARCH nomics. The trick, then, will be to balance access Because human embryonic stem cells can be pro no legal to applications of the new technology with the cured from aborted fetuses, something needs to legitimate right of a private company to make a be said about the status of abortion in Judaism. profit on its efforts to develop and market appli Jewish law understands gestation developmental status in cations of stem cell research. ly: A fetus in its first 40 days is "as if it were sim Medicine and Eugenics The potential of stem cell ply water"; later, and until birth, it becomes "like Jewish law. research for creating organs for transplant aiul the thigh of its mother"; only at birth does it cures for diseases is, at least in theory, both awe become a full-fledged human being. Therefore, some and hopeful. Indeed, in light of our divine abortion is required to preserve the life or health mandate to seek to maintain life and health, one of the mother. It is permitted but not required could even argue that from a Jewish perspective should the pregnancy constitute a growing risk to we have a ditty to proceed with that research. We the mother beyond that of normal pregnancy, must, however, draw a clear line between the even if the risk is not a clear and present danger. technology's uses for cure, which are to be In normal circumstances, abortion is forbidden, applauded, and its uses for enhancement, which not because it is an act of murder but because it is must be approached with extreme caution. Jews an act of self-injury. The upshot of the Jewish have taken the brunt of campaigns of positive stance on abortion, then, is that if A fetus has eugenics both in the United States and in Nazi been aborted for legitimate reasons under Jewish Germany, and as a result we are especially sensi law, the aborted fetus may be used to advance tive to efforts to create a model human being- efforts to preserve the life and health of others. one, for example, resulting from the genetic engi neering that stem cell applications will involve.'1 However, stem cells for research purposes can also be procured from donated sperm and eggs Moreover, when Jews see a disabled human mixed together in a petri dish and cultured there. being, we are told not to recoil from the disability Genetic materials outside the uterus have no or count our blessings for not being disabled in legal status in Jewish law, for they are not even a that way; we are rather commanded to recite a part of a human being until implanted in a blessing thanking Clod for making people differ- 42 • JANUARY - FEBRUARY 2002 HEALTH PROGRESS - ^ SPECIAL SECTION cut.14 In light, then, of the Jewish view that all violating the laws against mixing seeds if all (or all human beings are created in the image of God, but one) of the materials to be combined are regardless of their levels of ability or disability, it already so chemically changed as to constitute a is imperative from a Jewish perspective that the new substance. applications ot stem cell research be used for cure The harder and broader concern is the one ih.it and not for enhancement. Professor Drane raises—the potential threat to the My recommendation as a Jew, then, is that we environment. In addition to his example of corn take the steps necessary to advance stem cell that kills birds because of the insecticide engi research and its applications in .in effort to take neered into its genes, I would point out another advantage of its great potential for good. But we danger: the loss of biodiversity. If all tomatoes, should do so with stipulations that, on one hand, say, are of the one species that has been engi enable all Americans who need its applications to neered to resist spoilage and infestation, what have access to them, and, on the other hand, pro happens when that particular species is attacked hibit applications intended to make all human by a new bug of some sort? We will very quickly beings into any particular model of human excel have a world without tomatoes. Many ot our lence. Through this technology—and all others— medical cures are based on new uses of sub we should seek to cure diseases while simultane stances in nature, and if we reduce what exists in ously retaining our appreciation for the variety of nature, we could find ourselves not only without God's creatures. some foods but also without the ability to pro duce new medicines. THE ENVIRONMENT AND FOOD PRODUCTION Should we then abandon all bioengineering of Judaism's appreciation of the world as belonging My recom foods? I do not think so, especially given the mil to God would require us, in modern times, to lions of starving people who could be fed with create less waste than Americans in general tend mendation as a such food. We must, though, actively maintain to do, to recycle, and to use our new technology species that we are not producing commercially to reduce and, if possible, prevent pollution. Jew is that we to enable us to preserve the biodiversity that God Professor Drane, arguing from his Natural Law has created. We need, in other words, to shape perspective, undoubtedly would agree with all of take the steps our policies in food production with the words of this. the Psalmist ringing in our minds: "How many But what about using genetic engineering to necessary to are the things You have made, O Lord; You have produce species of foods that will, first, resist pest made them all with wisdom; the earth is full of infestations —and without, at the same time, Your creations" (Ps 104:24). incurring the risks involved in using insecticides— advance stem .md, second, may produce the quantity of food CONCLUSION needed to feed the earth's starving masses? Here cell research. Professor Drane and I, rooted as we are in our Judaism would have some narrow and some respective Catholic and Jewish faiths, share an broad concerns. urgent call for thoughtful, considered restrictions Some special problems for Jews in such tech on the new technology that is currently leaping nology revoke around two groups of the Toi all's ahead of all moral consideration. Because much laws: dietary restrictions and prohibitions against of this technology is being developed in the mixing seeds. Jewish dietary laws (kashrut, United States, we Americans have a special duty "keeping kosher") restrict both the kinds offish, to undertake a serious, multidimensional, moral fowl, and animals that Jews mav eat and the way conversation about how it can be used to help they are killed, prepared, and served. The Torah and not to harm us. 13 also forbids mixing seeds (kilayim). An estab Judaism, based on a view of the world as lished principle of Jewish law, though, is that if a requiring human fixing, is more sanguine about substance is so chemically changed that it cannot human endeavors to do just that, but it shares be reconstituted in its original form, it is a "new with Catholicism—and, indeed, with all sensible thing" (dnvar hmiash) and, as such, has lost any people—the critical need to restrict technology to characteristics of its origins."' Assuming that their those areas in which the risks involved have been chemistry has been sufficiently changed, bioengi- considered carefully and are therefore minimal. neered foods may therefore be eaten in accor We also need to promptly build in mechanisms to dance with Jewish dietary laws, even if the origi stop any line of research that produces any indica nal substances were not kosher. Similarly, Jews tion of dangerous effects. We must, that is, make may engage in bioengineering new foods without (Continued on page 54 HEALTH PROGRESS JANUARY - FEBRUARY 2002 • 43 CARE AND CULTIVATION SETTING MORAL LIMITS ON TECHNOLOGY Continued from pajjc 38 Continued from po/fe 43 sure that researchers1 interests in prof Jewish tradition does not justify circumci its, professional advancement, and rep sion in medical terms, the Rabbis did utation do not get in the way of con maintain (as noted above) that Jewish boys are not born circumcised because trolled md safe experimentation. With God created the world so that it would not simply with actions but also with all such precautions, however, we must require human fixing; see n. 3 above. what such actions reflect or express use our God-giveri talents to help Clod 9. B, Shabbat, 10a, 119b. In the first of about a person's moral character. In make our world a more hospitable these passages, it is the judge who world for all of us. D judges justly who is called God's partner; this respect, the question Protestant in the second, anyone who recites theological ethics raises is: What kind Genesis 2:1-3 (about God resting on the of people do we need to he in order to seventh day) on Friday night thereby par wield such powers For good rather ticipates in God's ongoing act of cre than ill? D ation. The Talmud in B, Sanhedrin, 38a, NOTES specifically wanted the Sadducees not to be able to say that angels (or any beings In the following. M stands for Mishnah (edit other than humans) participate with God ed c. 200 CE); T for Tosefta (edited c. 200 in creation. NOTES CE); J for Jerusalem Talmud (edited c. 400 10. See, for example, J. D. Bleich, Judaism CE); B for Babylonian Talmud (edited c. 500 and Healing: Halakhic Perspectives, Ktav 1. M. Weber, "Science as a Vocation," in CE); MT for Maimonides's Mishneh Torah Publishing House. Hoboken, NJ. 1981, p. H. H. Gerth and C. W. Mills, eds.. From (1177 CE); and SA for Joseph Karo's Shulhan 106. Max Weber: Essays in Sociology, Arukh (1565 CE) with the glosses of Moses 11. B. Yevamof, 69b. Rabbi Immanuel Oxford University Press, New York, Isserles. Jakobovits notes that 40 days in talmu- 1958, p. 155. dic terms may mean just under two 2. P. Tillich, Theology of Culture, R. C. 1. David Novak, Natural Law in Judaism. months in our modern way of calculating Kimball, ed., Oxford University Press. Cambridge University Press. Cambridge. gestation, because the Rabbis counted New York. 1959, pp. 53-68. England, 1998. from the time of the first missed men 3. L. White, Jr., "The Historical Roots of 2. See. for example, Deuteronomy 10:14 strual flow whereas we count from the Our Ecological Crisis," Science, vol. and Psalms 24:1. See also Genesis time of conception, approximately two 155, 1967, pp. 1,203-1,207. 14:19, 22 (where the Hebrew word for weeks earlier. See Immanuel Jakobovits, 4. J. B. Cobb. Jr.. "Biblical Responsibility "Creator" [koneh] also means Jewish Medical Ethics: A Comparative for the Ecological Crisis." Second "Possessor," and where "heaven and and Historical Study of the Jewish Opinion, no. 18,1992. pp. 11-21. earth" is a merism for those and every Religious Attitude to Medicine and Its 5. R. Cole-Turner, The New Genesis: thing in between); Exodus 20:11; Practice, Bloch Publishing Co.. New York Theology and the Genetic Revolution. Leviticus 25:23. 42, 55: and City, 1959, p. 275. Westminster/John Knox Press. Louis Deuteronomy 4:35, 32:6. 39. 12. The Hastings Center Report, March-April ville, KY, 1993. pp. 100, 108. 3. Genesis Rabbah 11:6 and Pesikta 1999. pp. 30-48. 6. See P. Hefner, "The Evolution of the Rabbati 22.4. 13. See Stephen J. Gould, The Mismeasure of Created Co-Creator." in T. Peters, ed.. 4. In Elliott N. Dorff. Matters of Life and Man. W. W. Norton & Company, New The Cosmos as Creation: Theology and Death: A Jewish Approach to Modern York City, 1996. and George J. Annas Science in Consonance. Abingdon Ethics. Jewish Publication Society, and Michael A. Grodin, The Nazi Doctors Press, Nashville, TN, 1989; and T. Philadelphia. 1998. Chapter 2. I identify and the Nuremberg Code: Human Rights Peters. Playing God? Genetic Dis and discuss seven underlying principles, in Human Experimentation. Oxford crimination and Human Freedom. only three of which are mentioned in this University Press. New York City. 1992. Routledge. New York, 1997. article. 14. For a thorough discussion of this con 7. A. R. Peacocke, Creation and the World 5. For example, bathing is a command cept, see Carl Astor. ". . . Who Makes of Science. Clarendon Press. Oxford. ment, according to Hillel. Leviticus People Different": Jewish Perspectives England. 1979. Rabbah, 34:3. In his code of Jewish law, on the Disabled. United Synagogue of 8. R. Cole-Turner, The New Genesis: Maimonides includes rules requiring America. New York City. 1985. Theology and the Genetic Revolution. proper care of the body as a positive obli 15. Leviticus 11 and Deuteronomy 14 stipu pp. 80-84. gation (they are not just advice for those late the animals that fulfill the dietary 9. K. P. Wise in R. D. Land, L. A. Moore, seeking to feel good and live a long life). requirements. The dietary laws also eds.. Life at Risk: The Crises in Medical 6. B, Shabbat, 32a; B, Bava Kamma, 15b, require a specific mode of slaughter, Ethics. Broadman & Holman Pub 80a, 91b; MT, Laws of Murder, 11:4-5; intended to minimize the animal's pain lishers. Nashville, TN. 1995. p. 138. SA, Yoreh De'ah, 116:5 gloss; and SA, (based on Dt 12:21), a specific way to 10. T. Peters. Playing God? Genetic Dis Hoshen Mishpat. 427:8-10. Jewish law drain blood from the meat (Gn 9:4 and crimination and Human Freedom, pp. views endangering one"s health as worse Dt 12:23-25). and that meat and dairy 5-10. than violating a ritual prohibition. See B, meals be separated. The prohibition on 11. See R. Cole-Turner, ed.. Human Cloning: Hullin. 10a; SA. Orah Hayyim. 173:2; and mixing seeds can be found in Leviticus Religious Responses. Westminster/ SA. Yoreh De'ah, 116:5 gloss. 19:19 and Deuteronomy 22.9. John Knox Press. Philadelphia, 1997. 7. B. Sanhedrin, 74a. 16. See Kassel Abelson and Mayer Rabin- 12. See G. Meilander, BioLaw II, 1997, pp. 8. Midrash Temurrah as cited in Otzar owitz, "Definition of a Davar Hadash," in 114-118. Midrashim. J. D. Eisenstein, ed.. Hebrew Proceedings of the Committee on Jewish 13. C. S. Campbell, in National Bioethics Publishing Co.. New York City. 1915. pp. Law and Standards of the Conservative Advisory Commission, Cloning Human 580-581. See also B. Avodah Zarah, Movement. 1980-1985. Rabbinical Beings, vol. 2. Rockville. MD, 1997. pp. 40b. in which a Rabbi expresses appreci Assembly, New York City, 1988, pp. 187- D1-D64. ation for foods that can cure. Although 190. 54 • JANUARY - FEBRUARY 2002 HEALTH PROGRESS