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10 Med. & L. 55 (1991)
The Impact of Genetics on Society: The Law's Response

handle is hein.journals/mlv10 and id is 59 raw text is: Med Law (1991) 10:55-76 Medicine and Law ICMIL 1991 Law The Impact of Genetics on Society: The Law's Response ML Lupton Professor of Law, University of Natal, Pietermaritzburg, South Africa Abstract Technology has provided man with the ability to manipulate the genetic structure of the human race. The knowledge which geneticists have gained and will gain in future will raise numerous legal and ethical problems which will have to be debated and resolved within the parameters of the prevailing boni mores. 1 INTRODUCTION The issues raised by the new genetics can rarely be debated in an atmosphere of academic detachment, but inevitably leads to controversy and strongly held views both for and against. Yet the debate must be proceeded with as often and as vigorously as possible because, it is believed, fear and ignorance are the greatest opponents of the cornucopia of benefits which the mastery and application of genetics has in store for the human race.I Those who fear the new genetics argue that it may become a tool for political repression by a malevolent dictator. We have enough knowledge now, they say. The reply to this is that it is never possible to be stationary in the process of evolution, be it biological or cultural. One can only move forward or backwards. The prospect of protracted movement in a backward direction will have dire consequences for mankind. All knowledge can be put to good or bad use, and it is always the challenge of our society to safeguard the good uses and to prevent or eliminate the bad.2 It is submitted that the time is not far off when screening, testing and, eventually gene therapy, will be commonplace in all first world countries, because of a universal and overwhelming desire to have healthy families. The cost of and skills required for such a programme will probably delay its implementation in Third World countries, but they are the very countries which cannot afford not to have such a programme. Supporting a genetics programme in a Third World country will be a very worthy cause for the WHO, Unesco or the Foreign Aid programmes of First World countries.3 A modest investment in a genetics programme will guarantee great savings. It is the ultimate justification of the age old adage: 'An ounce of

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