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Notes
1 Hearing of the Oversight and Investigations Subcommittee of the House Energy and Commerce Committee, Issues Raised by Human Cloning Research, Chaired by: Representative James C. Greenwood (R-PA), 28 March 2001. A transcript of the hearing is available on the internet at energycommerce.house.gov/107/action/107-5.pdf
2 Representative Rush says in his opening remarks that, “[…] science and the biotech field has brought us great successes [sic] we must not take action which will impede the legitimate and safe use of biotechnology. […] I would argue that we must act with caution to ensure that future scientific successes which will make this world healthier and more productive while tightly regulating and indeed banning those practices which pose a clear threat to the health, the safety, and the moral condition of our citizens. Human cloning must be banned now and forever.” Id. at 8–9. In her opening remarks, Representative Degette says, “In particular, I am interested in the advancement of research in the areas of stem cell therapy and cell therapy and beta cell development […]” Id. at 6–7.
3 At one point Randolphe H. Wicker, Founder of Clone Rights United Front, says to Representative Deutsch, “The bottom line is I get the impression that many of you would like to ban cloning for all time regardless of how safe and promising it might be.” In response to his remark Rep. Deutsch responds, “I think that’s accurate.” Id. at 139–40.
4 Id passim.
5 Id passim.
6 Id, at 57ff e.g., in Boisselier’s testimony.
7 Id, at 63, in Boisselier’s testimony.
8 Id, at 73, in the testimony of Rudolf Jaenisch, Professor of Biology at MIT.
9 Id, at 44ff, in Jaenisch’s testimony.
10 “Cloning may literally threaten the character of our human nature. We are all imperfect beings as we often find out, all of us, and that requires us to learn and develop certaint raits such as forgiveness and understanding and love and character. And how is all of that threatened when we produce perfect human beings through this cloning technology?” Id, at 5, the remarks of Representative Tauzin.
11 Id. passim. The debate concerns a recent interpretation by the FDA of the Food, Drug and Cosmetics Act.
12 Raëlian literature is available on the internet at www.rael.org.
13 Information on Clonaid is available on the internet at www.clonaid.com.
14 See Subcommittee Hearing, supra note 1 at 133.
15 Michel Foucault, “Governmentality,” 167-8 Aut Aut September-December 1978, trans. ed., Pasquale Pasquino, appearing in The Foucault Effect: Studies in Governmentality, eds., Graham Burchell, Colin Gordon and Peter Miller (The University of Chicago Press, Chicago, 1991)
.16 Michel Foucault, see especially “Omnes et Singulatim: towards a criticism of political reason,” Tanner Lectures on Human Values, ed. Sterling M. McMurrin, vol. 2, (Cambridge: Cambridge University Press, 1981); “Christianity and Confession,” ed., Thomas Keenan, in The Politics of Truth, eds. Sylvere Lotringer and Lysa Hochroth (New York: Semiotext(e), 1997); The History of Sexuality, vol. I, trans. Robert Hurley (New York: Random House, 1978); The History of Sexuality, Vol III: The Care of the Self trans. Robert Hurley (New York: Random House, 1986); Discipline and Punish: the Birth of the Prison, trans. Alan Sheridan (New York: Random House, 1978).
17 See, e.g., “What is Critique?” a lecture to the French Society of Philosophy, May 1978, trans. Lysa Hochroth, in Sylvere Lotringer and Lysa Hochroth eds., The Politics of Truth (New York, Semiotext(e), 1997).
18 See, e.g., Max Weber, The Protestant Ethic and the Spirit of Capitalism (1930), trans. Talcott Parsons (London: Routledge, 1992)
, and “Science as a Vocation” and “Politics as a Vocation” in From Max Weber: Essays in Sociology, ed. and trans. H. H. Gerth, C. Wright Mills (New York: Oxford University Press, 1946).19 See Subcommittee Hearing, supra note 1 at 54.
20 See Foucault, supra (The History of Sexuality Vol. I) note 15.
21 See Foucault, supra note 15. For an account of society as ongoing differentiation of forms of knowledge (tantamount to forms of life in sociological analysis), see Niklas Luhmann, Social Systems (1984), trans. John Bednarz, Jr., and Dirk Baecker (Stanford, CA: Stanford Univ. Press, 1995)
.22 Emile Durkheim, The Division of Labor in Society, trans. W D. Halls, (New York: Macmillan, 1933).
23 On the subj ect of the normal see Georges Canguilhem, The Normal and the Pathological, trans. Carolyn R. Fawcett and Robert S. Cohen (New York: Zone, 1989)
. For an account of the immunological function of law see Niklas Luhmann, supra note 21 at e.g. 373ff24 In this analysis we find a form of government that incorporates secularized elements of religious thought which runs directly against the still-religious deployments of those same forms of thought.
25 See Subcommittee Hearing, supra note 1 at 53.
26 See Luhman, supra note 21. Luhmann’s theory is in some sense a hyper-extended version of Durkheim’s concept of the “division of labor” in that one finds there the differentiation of information or of meaning as the differentiation of forms of life (where the differentiation of knowledge is the form of life).
27 See, e.g., Friedrich Nietzsche, On the Genealogy of Morals, trans. Walter Kaufmann and R. J. Hollingdale (New York: Random House, 1967)
.28 See, e.g., Emile Durkheim, The Elementary Forms of Religious Life, trans. Karen E. Fields (New York: The Free Press, 1995)
. After Durkheim’s argument it is perhaps better to say that prior to the false distinctions in the moral forms and in sociology and anthropology as well, Man and god and law are not several but one.29 See, e.g., where Nietzsche says that, “what has been at stake in all philosophizing hitherto was not at all ‘truth’ but something else — let us say, health, future, growth, power, life.” The Gay Science, preface for the second edition, trans. Walter Kaufmann (New York: Random House, 1974), p. 35.
30 See Subcommittee Hearing, supra note 1 at 52–53.
31 Id, at 53.
32 Id, at 54.
33 Id, at 52.
34 Id, at 133.
35 Id, at 132.