UnThreaded | Threaded | Whole Thread (47) | Ignore Thread Prev | Next
Author: WallyLock Big red star, 1000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 1951192  
Subject: Re: Scalia the Sophist Date: 12/13/2012 10:32 AM
Post New | Post Reply | Reply Later | Create Poll . Report this Post | Recommend it!
Recommendations: 0
By excluding from the law distinctions made and deprivations of rights based upon genetic make up of the individual(s).

I think that that is very poor idea. Consider antiscocial personality disorder (ASPD).

The Diagnostic and Statistical Manual of Mental Disorders, fourth edition (DSM IV-TR), defines antisocial personality disorder (in Axis II Cluster B) as:[1]

A) There is a pervasive pattern of disregard for and violation of the rights of others occurring since age 15 years, as indicated by three or more of the following:
1.failure to conform to social norms with respect to lawful behaviors as indicated by repeatedly performing acts that are grounds for arrest;
2.deception, as indicated by repeatedly lying, use of aliases, or conning others for personal profit or pleasure;
3.impulsiveness or failure to plan ahead;
4.irritability and aggressiveness, as indicated by repeated physical fights or assaults;
5.reckless disregard for safety of self or others;
6.consistent irresponsibility, as indicated by repeated failure to sustain consistent work behavior or honor financial obligations;
7.lack of remorse, as indicated by being indifferent to or rationalizing having hurt, mistreated, or stolen from another;
B) The individual is at least age 18 years.
C) There is evidence of conduct disorder with onset before age 15 years.
D) The occurrence of antisocial behavior is not exclusively during the course of schizophrenia or a manic episode.

From the abtract of Genetics of personality disorders
N Fontaine, E Viding - Psychiatry, 2008


This paper provides a brief review of genetically informative studies of personality disorders. Findings from twin and adoption studies suggest that personality disorders are moderately to strongly heritable (heritability estimates between 30% and 80%) . . . A new research area of imaging genetics is providing insights to the mechanisms of genetic vulnerability to personality disorders. Studies to date suggest that genetic variation may account for individual differences in neurocognitive functioning, which could lead to differential vulnerability to any given personality disorder . .


ASPD is very much "based upon genetic make up of the individual" but we still want to make certain actions related to ASPD illegal (specifically 4 and 5 above).

This is not to compare ASPD with homosexuality. They are two very different things, and not morally equivalent in any fashion. It is just to point out that your "based upon genetic make up of the individual" does not distinguish between them. If you want a legal theory that will separate "reckless disregard for safety of self or others" from "homosexuality" you will need another test.

Wally
Post New | Post Reply | Reply Later | Create Poll . Report this Post | Recommend it!
Print the post  
UnThreaded | Threaded | Whole Thread (47) | Ignore Thread Prev | Next

Announcements

Post of the Day:
Macro Economics

2.1: The Labor Pool Problem
What was Your Dumbest Investment?
Share it with us -- and learn from others' stories of flubs.
When Life Gives You Lemons
We all have had hardships and made poor decisions. The important thing is how we respond and grow. Read the story of a Fool who started from nothing, and looks to gain everything.
Community Home
Speak Your Mind, Start Your Blog, Rate Your Stocks

Community Team Fools - who are those TMF's?
Contact Us
Contact Customer Service and other Fool departments here.
Work for Fools?
Winner of the Washingtonian great places to work, and "#1 Media Company to Work For" (BusinessInsider 2011)! Have access to all of TMF's online and email products for FREE, and be paid for your contributions to TMF! Click the link and start your Fool career.
Advertisement