About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

27 Seton Hall L. Rev. 893 (1996-1997)
Past as Prologue: Sobering Thoughts on Genetic Enthusiasm

handle is hein.journals/shlr27 and id is 903 raw text is: Past as Prologue: Sobering Thoughts on Genetic
Enthusiasm
Lori B. Andrews*
Racism, prejudice, and genetics have made for a socially combustible
and often deadly mix. The mixture has proven so toxic that a strong
case can be made that applying knowledge from the realm of human
genetics to public policy has led to far more misery, confusion, and
suffering in the twentieth century than it has to human betterment.
At the beginning of the twentieth century, scientists and lawyers-
and the doctrines of science and law-made inappropriate use of genetics.
Now, at the dawn of the twenty-first century, genetics has reappeared as
a medical and social panacea. Yet the scientific and policy communities
have not taken to heart the lessons of the past and are repeating some of
the same mistakes. As a century earlier, the science of genetics is being
oversold and used for political purposes. Even well-meaning genetics
programs are creating unwarranted risks because they are being adopted
prematurely, without sufficient concern for their psychological and social
impact, and in a way that further disadvantages the least powerful groups
in society.
I. HISToRIcAL MISUSE OF GENETICS IN THE UNITED STATES
Both science and law have taken a number of false turns in their as-
sessment and use of genetic information. In the late 1800s, a majority of
the geneticists in this country believed that one could extend genetic
principles to explain human behavior.2 Traits such as feeblemindedness,3
* Yale University, 1975, B.A., Yale Law School, 1978, J.D. Professor of Law,
Chicago-Kent College of Law and Research Fellow, American Bar Foundation. Re-
search for this paper was supported by grant R01-HG01277-01 from the National Center
for Human Genome Research, National Institutes of Health.
1 Arthur L. Caplan, Handle with Care: Race, Class, and Genetics, in JUSTICE AND
THE HUMAN GENOME PROJEcr 30-45, 32-33 (Timothy F. Murphy & Marc A. Lappe eds.,
1994).
See generally KENNETH M. LUDMEER, GENETICS AND AMERICAN SocIETY (1972).
3 See Jon Beckwith, Social and Political Uses of Genetics in the United States: Past
and Present, in ANNALS N.Y. ACADEMY OF SCIENCES 46, 47, 265 (1976) (citation omit-
ted).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most