The Challenges of Biology for Law
![handle is hein.journals/trlp4 and id is 13 raw text is: THE CHALLENGES OF BIOLOGY FOR LAW
ROBERT H. BORK
Our topic is the problems our society and, indeed, our species
must grapple with because of the rapid advance of the biological
sciences. As lawyers, we are by no means uniquely qualified, or
perhaps even adequately qualified, to address the complex
science involved, nor the profound moral issues modem science
is thrusting upon us. Nevertheless, as lawyers, we are certain to
be involved in the resolution of those issues. Despite the
pretensions of a good many law school professors, we are not
Renaissance men and women. It is well for us to remember that,
and approach these issues humbly, but with the knowledge that
we will have no small responsibility for their resolution. This is
true because, at a minimum, one of the most important matters
to be decided is the process by which the conclusions are
reached. Lawyers are uniquely positioned to address questions
of procedures. At least that has been our boast, and now is the
time to make good on it.
The first panel takes up the topic, Privacy and Discrimination in
the Age of Genetic Engineing. Science's ability to identify the
influence of genes in the individual and to manipulate them is
advancing at extraordinary speed. Genetic information may, for
example, indicate that a person is at high risk of contracting
certain diseases or, indeed, of engaging in certain forms of
conduct. The most obvious use of such information is by
insurance companies that must decide whether the risk is such
that insurance must be denied or higher premiums charged. But
many genetic conditions will impose costs, and the question is
whether those costs should be borne by the unfortunate
individual, other premium payers, or by taxpayers.
* Judge Robert Bork is the John M. Olin Scholar in Legal Studies at the American
Enterprise Institute, where he has authored two nationwide best-selling books as well as a
number of other important legal and political essays. Judge Bork served on the United
States Courts of Appeals for the D.C. Circuit from 1982-1988. AtJudge Bork's request, no
footnotes have been included in this article. [Eds.]](ViewImageLocal?handle=hein.journals/trlp4&div=7&collection=&method=preview&ext=.png&size=3)
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The Challenges of Biology for Law
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