Frans Brom

Synthetic biology aims at designing biological systems, at building ‘living machines’. The emergence of synthetic biology has reignited the cycle of public debate. The old biotechnology debate is being reiterated and the controversies are deepened. The societal debate follows the technological hype cycle. A new technology with a high visibility and high expectations also raises high controversies. For synthetic biology, this hype is currently near its peak and the first signs of disillusionment are getting visible. In policy development, on the other hand, synthetic biology is in the early stages. Governments examine the need for adaptations to existing regulatory frameworks. There is a gap between the visibility of the technological developments and policy formulation. This gap is crucial for technology assessment: while the hype in public attention is over, essential policy steps are taken. In order to close this gap, technology assessment needs to facilitate the societal–ethical debate when media attention, and thus the visibility of the technological developments, declines

Consumer concerns pop up. They are relatedto the safety of agrifood products for people, foranimals, and for the environment as well as the socialand ethical implications of certain agrifoodproduction methods. At first sight, the WTO agreementand the SPS and TBT agreements appear to offersufficient legal scope to deal with these concerns andresolve trade conflicts. The events of recent years,however, have shown the limitations of theseagreements in dealing with cultural differencesbetween nations and in dealing with the social andpolitical pressure on national governments to lay downrestrictive, trade distorting measures. It is vitalthat we consider the dynamic relationship betweennational governments, civil society, and the market.In the United States, Canada, and Europe, thisrealization is growing. We propose that these issuesshould be studied by experts in several disciplines:technical experts, hygiene experts and veterinarians,public administration experts, lawyers, philosophers,ethicists, sociologists, and, of course, economists.To unite these disciplines and provide a platform fordiscussion in the light of international tradeliberalisation, the cultural identity of distinctcommunities, and the functioning of the democraticnation state an international network is needed. Wetherefore propose establishing a network to explorethe issues and dynamics described above. The networkshould be international and interdisciplinary withparticipants, initially, from science and government.The purpose of the network would be to present newperspectives to the negotiating parties in the nextWTO round. The first steps to development of thisnetwork have since been taken and an initial group hasbeen established.

The notion of Dignity of Creatures has been voted into the Swiss Federal Constitution by a plebiscite. Philipp Balzer, Klaus-Peter Rippe, and Peter Schaber have given an expert opinion for the Swiss government to clarify the notion of Dignity of Creatures. According to them, by voting this notion into the Swiss constitution, the Swiss have chosen for a limited biocentric approach towards biotechnology. In such an approach genetic engineering of non-human beings is only allowed insofar that their own good is not impaired. It is, however, not clear when the good of a non-human being is impaired. I defend the position that – even if we confine ourselves to animals – their good goes beyond their well being.

Three types of concern for animal welfare are widelyheld: Animals should feel well, they should function well, andthey should lead natural lives. The paper deals with a well-knownanswer to the question of why such concerns are morallyappropriate: Human beings have direct duties towards animals,because animals are beings that can flourish, the flourishing ofanimals is intrinsically or inherently valuable, and that whichis conducive to their flourishing is a legitimate object of moralconcern. Looking for a tenable conception of direct dutiestowards animals, the following questions are discussed: Whatshould we take it to mean that ``animal flourishing isintrinsically or inherently valuable?'''' Under what conditions doesa living being''s ability to flourish create direct duties towardsthis being? Is awareness or sentience required for there to bedirect duties towards a living being? Does such a requirementimply that moral concerns for animals would be limited to theirfeeling well, or does it also give way to having moral concernsfor their functioning well and leading natural lives? Can onetake into account considered judgements that claim that towardsdifferent animals we have moral duties that differ in kind and/orstrength? If environmental ethics cannot be based on theconception of direct duties here discussed, should one draw adistinction between duties towards ourselves, our fellow humanbeings, or animals, and duties regarding plants, or collectiveentities such as populations, species, and ecosystems?