Writing Definitions in Rewriting Nature: Lessons from FDA Law

7 Pages Posted: 27 Jul 2022

See all articles by Jacob S. Sherkow

Jacob S. Sherkow

University of Illinois College of Law; Carle Illinois College of Medicine; University of Illinois at Urbana-Champaign - European Union Center; University of Illinois at Urbana-Champaign - Carl R. Woese Institute for Genomic Biology

Date Written: January 20, 2022

Abstract

Paul Enríquez’ book Rewriting Nature fits neatly within what has become a cottage industry of legal takes on genome editing. It is also something that many books in this area are not: fun; an entertaining tromp through a wide variety of legal doctrines and how they relate to this new, powerful technology. Enríquez advocates for “the adoption of a (more) uniform definition of genome editing primarily aimed at building a science-based, legal and policy framework to address current and future predicaments within the ambit of genome-editing technologies.” This essay pushes back on this principal claim with a few lessons from another scientifically complex and highly technical area of law: FDA Law. It begins from Enríquez’ premise that what the law needs at this juncture—or, perhaps, any juncture—is definitional congruity and uniformity. Sometimes definitional uniformity is helpful. But while wanting simplicity in an age of seemingly maximum complexity is admirable, maybe, for the law, universal definitions are too blunt of a cut.

Keywords: FDA, Enriquez, law, policy, definitions, genome editing

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Suggested Citation

Sherkow, Jacob S., Writing Definitions in Rewriting Nature: Lessons from FDA Law (January 20, 2022). Boston University Law Review Online, Vol. 102, pp. 22-28 (2022), Available at SSRN: https://ssrn.com/abstract=4155715

Jacob S. Sherkow (Contact Author)

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

Carle Illinois College of Medicine ( email )

506 S Mathews Ave
Urbana, IL 61801
United States

University of Illinois at Urbana-Champaign - European Union Center ( email )

Coble Hall
801 S Wright St
Champaign, IL 61820

University of Illinois at Urbana-Champaign - Carl R. Woese Institute for Genomic Biology ( email )

Urbana, IL
United States

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