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Journal of Medical Ethics 1999;25:108-113

Human cloning and child welfare


Justine Burley and John Harris University of Manchester

Abstract that it would be wholly unacceptable to attempt it


In this paper we discuss an objection to human in humans until it appears reasonably safe).
cloning which appeals to the welfare of the child. This Precisely what this is, however, continues to elude
objection varies according to the sort of harm it is even the most committed of critics.6 These oppo-
expected the clone will suffer. The three formulations nents are not short of reasons for their anti-human
of it that we will consider are: cloning stance, indeed, such reasons, more often
than not couched in mysterious appeals to human
1. Clones will be harmed by the fearful or prejudicial rights and human dignity, flow freely.7 But none of
attitudes people may have about or towards the objections to the practice of human cloning
them(H 1); have so far proved sound or convincing. In this
2. Clones will be harmed by the demands and paper we address one of the few intelligible (as
expectations of parents or genotype donors (H2); opposed to persuasive) objections to human clon-
3. Clones will be harmed by their own awareness of ing that have been advanced: the objection which
their origins, for example the knowledge that the appeals to the welfare of the child. The form of
genetic donor is a stranger (H3). this objection varies according to the sort of harm
it is anticipated the clone will suffer. The three
We will show why these three versions of the child formulations of it that we will consider are:
welfare objection do not necessarily supply compelling
reasons to ban human reproductive cloning. The 1. Clones will be harmed by the fearful or preju-
claim that we will develop and defend in the course of dicial attitudes people may have about or
our discussion is that even if it is the case that a towards them. (HI);
cloned child will suffer harms of the type Hl-H3, it is 2. Clones will be harmed by the demands and
none the less permissible to conceive by cloning so expectations of parents or genotype donors
long as these cloning-induced welfare deficits are not (H2);
such as to blight the existence of the resultant child, 3. Clones will be harmed by their own awareness
whoever this may be. of their origins, for example the knowledge that
(7ournal of Medical Ethics 1999;25: 108-113) the genetic donor is a stranger. (H3).
Keywords: Cloning; reproductive cloning; child welfare;
the non-identity problem Below we aim to show why these three versions of
the child welfare objection do not supply compel-
Introduction ling reasons to ban human reproductive cloning.
Debate over the moral permissibility of human The claim that we will develop and defend in the
cloning was much enlivened by the news that the course of our discussion is that even if it is the case
first mammal, Dolly the sheep, had been success- that a cloned child will suffer harms of the type
fully created from the transfer of an already differ- H1-H3, it is none the less permissible to conceive
entiated adult cell nucleus into an enucleated by cloning so long as these cloning-induced
egg,' a technique popularly referred to as cloning. welfare deficits are not such as to blight the exist-
Now that doubts about Dolly's genetic origins ence of the resultant child, whoever this may be.
have, for the most part, been dispelled,2 and that Our article is divided into four main parts. We
three other species, including the mouse,3 have begin by outlining what Derek Parfit has called the
been cloned, the prospect that a human may also "non-identity problem".8 As we will demonstrate,
be cloned appears ever more likely.4 this problem, when explored and understood
There is a broad, albeit loose, consensus among properly, shows that those who object to human
members of the lay public, various legislative bod- cloning on the grounds that it would have
ies, and the scientific community that human compromising effects on a particular child's
reproductive' cloning should be banned because welfare are making an error in reasoning. We then
there is something deeply immoral about it in go on to outline Derek Parfit's principled solution
principle (ie, something above and beyond the fact to the non-identity problem and, in the ensuing
Burley, Harris 109

three sections, we will argue against each of the means, she would have had a different child, to
three objections to human cloning from child wel- whom she would have given a better start in life.
fare identified above, in turn, by reference to this
solution. Once it is seen that Parfit's principle in In both cases, two courses of action are open to the
unqualified form is what informs these objections prospective mother. In criticising these women's
it becomes clear that people who object to human pursuit of the first option available (ie conception
cloning for reasons of child welfare are impaled on at 14 and reproductive cloning respectively) people
the horns of a dilemma: either they must concede might claim that each mother's decisions will
that their position entails a whole host of morally probably be worse for her child.10 However, as Par-
unpalatable restrictions on both artificial and fit notes, while people can make this claim about
natural procreation or they must accept that their the decisions taken it does not explain what they
arguments are insufficient to support the view that believe is objectionable about them. It fails to
human cloning is immoral in any strong sense and explain this because neither decision can be worse
so should be prohibited. for the particular children born; the alternative for
both of them was never to have existed at all. If the
14-year-old waits to conceive, a completely differ-
I. Child welfare and the non-identity ent child will be born. Likewise, if the woman
problem chooses not to clone and instead conceives by
One of the chief philosophical problems raised by natural procreative means the child born will be a
human cloning is the question of how we should completely different one. Thus claims about the
respond to the interests of people not yet in exist- badness of pursuing the first option in both of the
ence. Objections to human cloning from child above cases cannot be claims about why these chil-
welfare are objections relating to harms future dren have been harmed. It is better for these
clones might come to suffer and they may all be children that they live than not live at all.
captured by the claim: a child who is cloned Parfit's solution to the non-identity problem is
would, for that reason or for reasons related but not to posit claim "Q", which says that: "If in either of
intrinsic to it, suffer a deficit in wellbeing relative to two possible outcomes the same number of people
someone conceived through natural means. would ever live, it would be worse if those who live
Typical in discussions of this claim is the notion are worse off, or have a lower quality of life, than
that the harms and benefits which concern us, those who would have lived."" This claim, unlike
occur to the same child. However, as exploration the claim about the welfare of a particular child,
of the non-identity problem will now make clear, can explain the goodness and badness of the pro-
claims of this kind cannot explain what it is that creative decisions that might be taken by the two
might be thought problematic about a decision women in the above cases because it avoids the
which results in a clone being harmed in any way problem of non-identity.
at all. With respect to the two cases we have been
To give shape to the non-identity problem we examining Q implies that the 14-year-old girl
will now consider the following two cases. The should wait and that the woman should not use
first is Parfit's and involves a 14-year-old prospec- cloning technology. This is not necessarily Parfit's
tive mother: last word on the matter. He does qualify Q: he
argues that some things may matter more than
This girl chooses to have a child. Because she is so sub-optimal outcomes.'2 For example, a society
young, she gives her child a bad start in life. might believe that the pursuit of equality is more
Though this will have bad effects throughout the valuable than promoting economic growth. Parfit,
child's life, his or her life will, predictably, be then, is a pluralist. He believes that Q is a helpful
worth living. If this girl had waited for several principle with which to evaluate moral judgments,
years, she would have had a different child, to but he does not think that this principle should
whom she would have given a better start in life.9 necessarily be used to the exclusion of all others. It
is, however, something very like Parfit's principle
Our analogue to this case is: in its unqualified form (henceforth Q(U)) to
which those who object to human cloning from
A woman chooses to have a child through cloning. child welfare are appealing, ie, the idea that the
Because she chooses to conceive in this way, she principle factor that should weigh in decision
gives the child a bad start in life. Though this will making about who should be brought into
have bad effects throughout the child's life, his or existence is the question of who will enjoy the
her life will, predictably, be worth living. If this highest level of welfare. We will now make explicit
woman had chosen to procreate by alternative why we believe that this approach is gravely
110 Human cloning and child welfare

mistaken through an examination of objections "better" father is that the society in which all four
1-3 as stated above. of these individuals live is predominately popu-
lated by white people, a fair number of whom are
II. Cloning, societal prejudice racist and that of Tom, Dick and Harry, only Tom
The first objection to human cloning from child is white. He is the "better" father because, in this
welfare we will address says that human cloning racist society his skin colour and cultural back-
should be disallowed because clones will be ground afford him better employment and other
harmed by the fearful and/or prejudicial attitudes life-enhancing opportunities and therefore he is
other people have about or towards them (HI).'3 better able to provide for any child that he and
The chairman of the Human Fertilisation and Jane (also white) conceive. Moreover, it is the case
Embryology Authority (HFEA), Ruth Deech, that if Jane selects Tom, they will not have a
offers paradigmatic examples of this objection in a mixed-race child (as would occur were she to pair
recent comment on the subject: up with Dick or Harry instead), and therefore,
because of the prevailing climate of racial
"Would cloned children be the butt of jibes and/or prejudice any child born to Jane and Tom will lead
be discriminated against? Would they become a a better life than any child born to Jane and Dick
sub-caste who would have to keep to each other? or Jane and Harry.
Would they be exploited? Would they become Q(U) recommends Jane's choice of Tom
media objects (not an unlikely scenario given that because the children Jane might have with Dick or
Louise Brown, the first test-tube baby, is still in Harry would lead worse lives because of the
the media some 20 years after her conception)?"'4 prejudice of others. However, to reject cloning on
the grounds of this variant of the objection from
Deech's objection here gives primacy to the well- child welfare is morally discreditable. It is true that
being of future clones. Cloning is thought we could prevent this sort of harm being done to
undesirable because of Hi type harms that they a future child by avoiding human cloning
might suffer. Her view appears to be informed by altogether. But we should not prevent human
Q(U), according to which, the decision to clone cloning in the face of this sort of sub-optimality,
should not be taken as any resulting child, other rather we should concentrate on combating the
things being equal, would have a worse life than a prejudices and attitudes that are the source of
child produced by natural means. harm to the clone. Those who embrace liberty and
But, it is utterly crucial that we do not lose sight respect autonomy will prefer this approach and
of the reason why in this case the clone's life would reject assaults on human freedom and dignity of
be the worse one, namely, that other members of the kind Deech suggests would be perpetrated on
society are prejudiced against him or her. Q(U) as clones. Plainly, it is inappropriate to countenance
applied by Deech entails morally repugnant any diminution in reproductive autonomy when
conclusions. Deech's deployment of Q(U) reason- attempts to diminish prejudice and tyranny are all
ing does not show that parents who chose to clone the more consonant with human dignity.
would be acting immorally. The source of the
harm is not the clone's parents, it is not they who III. Cloning, "life in the shadow"
do something wrong by cloning the child, rather it It has been claimed by a number of critics that a
is other members of society who commit a moral clone might be harmed because of the expecta-
wrong. Think of inter-racial marriage in a society tions and demands of his or her parents or geno-
hostile to mixed-race unions. type donor (H2) and therefore reproductive clon-
The following example involving Tom, Dick ing should be proscribed. S0ren Holm, for
and Harry illustrates our point here. Suppose that example, argues that one reason that we have not
a woman called Jane can conceive a child with to clone a human is that the clone will be living "a
either Tom, Dick or Harry, and that for her (not life in the shadow" of the person from whose
others) the only relevant difference between these genes he or she was cloned-the clone would not
men is that Tom, predictably, will be the better have a life that was fully his or her own.'5 Holm's
father; if either Dick or Harry were, predictably, argument may be stated in brief as follows: people
the better father, she would choose one of them as are wedded to a belief in genetic essentialism (ie
her mate instead. Deech is committed to saying they misunderstand the relationship between
that Jane ought to choose Tom, as, if chosen, the genetics and personality), for that reason a clone's
resulting child will, other things being equal, have parent(s) may treat him or her such that the clone
a higher level of wellbeing than any child parented will not lead an autonomous life, he or she will
by Dick or Harry. Let us more fully describe this always be living in the shadow of another (ie the
scenario. Assume that the reasons Tom will be the genetic donor)-incessantly compared to the
Burley, Harris 111

donor therefore human cloning should not be We reject this conclusion and propose that the
allowed.'6 It is unclear from what Holm has said preferable strategy for dealing with the problem
what, specifically, he believes the relationship Holm highlights is one which involves educating
between autonomy and wellbeing to be. If, like people about genetics.
prominent liberal thinkers such as Ronald Dwor- Holm rightly signals that the moral basis for
kin, he thinks that autonomy is part of wellbeing arguments about respect for autonomy is a claim
then his objection to human cloning is an about the fundamental importance or value of
objection about the welfare of the child. If, on the having control over the pursuit of one's own
other hand, he, like Kant, understands autonomy projects, plans and attachments. The ideal of
as an independent principle then the objection is autonomy is used by liberal theorists to defend a
not, per se, one about the welfare of the child. We particular role for the state, namely, the creation
shall respond to Holm as though he is advancing and maintenance of the social, economic and
the former sort of objection.'7 political conditions under which people may learn
Note that the claim on which Holm's argument about different aspects and ways of life, reflect
is premised (he calls it the "true" premise) is that critically on them, and embrace a set of values and
the public harbour misunderstandings about aims which they believe give life meaning. While it
genetic essentialism, ie, they make a factual error. may be true that the autonomy of a clone who
It is this crucial factual premise in Holm's lived her life in the shadow of another would be
argument which undermines its major normative adversely affected this is not sufficient to curtail a
force. Holm concedes that were the public to be would-be cloner's reproductive freedom. Holm
disabused of its views about genetic essentialism fails adequately to appreciate that the liberal ideal
the life-in-the-shadow argument would fall flat.'7 of autonomy to which he appeals requires,
But, he insists, such a change in public under- amongst other things, that compelling reasons
standing about genetics is unlikely.'7 Apart from (construed as reasons which squarely locate a
the fact that we do not share Holm's dim view of deeply immoral outcome) must be given to limit
what the lay public is likely to understand about individual freedom. Holm champions impedi-
genetics, the life-in-the-shadow argument is lack- ments to autonomous living as a sufficient reason
ing in a different important way. It is morally to ban cloning but he is surely mistaken.'8 In fail-
problematic to limit human freedom on the basis ing to distinguish between his idea of a clone liv-
of false beliefs of this character. Were we to apply ing a life in the shadow and the degree of the harm
the logic of Holm's argument to other factual which that entails from other acts of procreation
errors parents might make or false beliefs they involving equally, if not more severe, autonomy-
might have which would affect the wellbeing of affecting consequences, Holm invites highly illib-
possible children it would have pernicious impli- eral restrictions on procreation. Freedom is
cations. For example, parents might falsely believe costly-affording it to individuals will, in many
that certain physical deformities implied intellec- cases, produce suboptimal outcomes but unless
tual impairment and this would lead them to treat these outcomes involve a moral wrong so serious
children so deformed in a way which undermined that freedom must be sacrificed to prevent it, the
their autonomy. Should such people be denied the liberal view insists that freedom prevail and that
freedom to procreate whenever it was known that other means be found to combat any resulting
they might conceive such a child? Likewise, harms.
parents might believe that female children were Holm's objection to human cloning is more
less intelligent than males and, in grooming them sophisticated than the one we considered in II
for marriage from birth, deny them an autono- above. It implies that parents who elect to clone,
mous existence. Should such parents only be who do not understand the distinction between
allowed to have male offspring? Holm's argument genotype and phenotype, are committing a moral
against human cloning appears also to commit wrong of some kind. But how serious is this moral
him to restrictive procreative policies like these wrong? What Q(U) reasoning in this case shows is
which undoubtedly would adversely impact, for that this principle is useful conditionally on the
the most part, on people who are ill-educated/ill- severity of the harm inflicted. We maintain that
informed (or genetically unlucky). If human clon- unless it is shown convincingly that "living in the
ing is banned because future people might suffer shadow" is somehow both horrendous and more
harms caused by the mistaken beliefs of parents autonomy-compromising than the plethora of
about genetics then it follows that so too might other widely accepted and permitted upbringings
natural procreation whenever prospective parents a child might be "forced" to undergo, the liberal
do not possess adequate factual information to principle of freedom in matters relating to
ensure any future child's wellbeing in other ways. procreation overrides the concern about
112 Human cloning and child welfare

autonomy-related welfare deficits that will be suf- from child welfare, like the preceding two,
fered by clones. logically entails other draconian restrictions on
procreative freedom which the objector would
IV. Cloning and awareness of origins hardly endorse. Even if such critics were prepared
The final objection to human cloning from child to go that far, their view should not be tolerated in
welfare we shall explore concerns instances of any society which aims to promote freedom of the
psychological harms caused by a clone's own individual. Most people believe, and they do so
awareness of his or her genetic origins (H3). rightly, that we should be concerned about the
According to this objection, a clone who knew his sorts of lives that future people will lead, but that,
or her genetic donor was, for example, a randomly at the same time, this concern should not be our
chosen stranger, or a distant, much older relative, sole one. If H3 harms were of exclusive import, we
or even someone now deceased, would be psycho- would have grounds for saying that a huge number
logically damaged by that information.'4 Is this of people in the world today are morally
plausible? We doubt that knowledge of peculiar blameworthy in some strong sense for having
genetic origins would necessarily be harmful. brought children into the world.
Indeed, it might even be beneficial in certain
cases. In making this claim we have in mind chil- Conclusion
dren who are the product of in vitro fertilisation, We argued above that the objections that have
(which need not always involve the genetic mate- been voiced about human cloning and child
rial of both the parents) who report that they feel welfare are misleading. While we are sympathetic
"special" (as opposed to alienated) for having to what motivates them-society both does and
been brought into being in this way. Presumably should have an interest in the wellbeing of future
this has much to do with the extent to which they people-we do not believe that the formulations
feel loved by the parents they do have, as well as of the anti-cloning arguments from child welfare
societal acceptance of IVF as a procreative that we have addressed are persuasive. We
method. conceded that cloned individuals might indeed
However, let us assume that it would be the case suffer welfare deficits (relative to a non-clone) but
that a clone would be traumatised to some extent argued that even the likely occurrence of them is
by his or her genetic origins. Is this sufficient rea- not sufficient to warrant state interference with
son to disallow cloning? If H3 harms are both very the procreative choices of people who wish to
great and highly probable then, yes, this is a suffi- clone their genes (or those of others, providing
cient reason; but we judge this scenario to be a consent to their use in this way has been given).
remote possibility. Consider that there are many Our examination of the objections 1-3 which
possible sources of analogous H3 type traumas a respectively embody reference to harms H1-H3
child created by natural means might suffer: the are informed, we have suggested, by something
realisation that your parent committed a criminal very like Parfit's solution to the non-identity
act earlier in his/her life, or is a drug addict or problem in unqualified form. Our discussion of
prostitute, or fought for an army established to these objections confronts those who object to
advance a dictator's master plan for domination. human cloning for reasons of child welfare with a
Our intuition is that it would be far easier to cope dilemma: either they must endorse the morally
with the knowledge that one's nurturing parents discreditable outcomes entailed by the principle
so desired a child that they were even prepared to guiding their view or they must admit that Q(U),
use cloning technology to bring one into existence as they have deployed it, does not provide
than to cope with the knowledge of, for example, sufficient reasons for branding reproductive clon-
a parent's collusion with the Nazis' systematic ing immoral either at all or in any strong sense of
extermination of the Jews or Stalin's political that term.
re-education programmes in the Siberian gulags. Where considerations of the welfare of the child
These examples are admittedly provocative, but are invoked in reproduction, including in the case
they are not isolated ones, and that is the point of reproductive cloning, we need constantly to
that merits stressing. If psychological distress bear in mind the following questions and the dis-
about one's genetic origins is sufficient to ban tinctions they encapsulate: is it clear that the child
cloning then it follows that people who fall into who may result from cloning will be so adversely
the aforementioned groups and others ought also affected that it will be seriously wronged by the
to be (or to have been) prevented from procreat- decision? Or rather is it the case that we have gen-
ing. eral anxieties about the likely advantages and dis-
Thus undiscriminating adherence to Q(U) rea- advantages of being cloned, for example, that dis-
soning invites the response that this objection incline us to look on it with much favour? Where
Burley, Harris 113

it is rational to judge that an individual would not Jrustine Burley is Simon Fellow in the Department of
have a worthwhile life if he or she were to be Government and a Fellow of the Institute of Medicine,
brought into being in particular circumstances, Law and Bioethics, University of Manchester, and
then we have not only powerful reasons not to Part-time Lecturer in Politics at Exeter College,
make such choices ourselves but also powerful Oxford. J7ohn Harris is Sir David Alliance Professor of
moral reasons for preventing others from so doing Bioethics, and a Director of the Centre for Social Eth-
if we can; by legislation or regulation if necessary. ics and Policy and of the Institute of Medicine, Law
However, where we judge the circumstances of a and Bioethics, University of Manchester.
future person to be less than ideal but not so bad
as to deprive that individual of a worthwhile exist-
ence, then we lack the moral justification to
impose our ideals on others. The difference we are References and notes
looking for is the difference between considera-
tions which would clearly blight the life of the 1 Wilmut I, Schnieke AE, McWhir J, Kind AJ, Campbell KHS.
Viable offspring derived from fetal and adult mammalian cells.
resulting child, and considerations that would Nature 1987;385:810-13.
merely make existence suboptimal in some sense. 2 See Ashworth D, Bishop M, Campbell K, Colman A, Kind A,
We may be entitled to prevent people from acting Schnieke A et al. DNA microsatellite analysis of Dolly. Nature
1998;394: 329 and Signer EN, Dubrova YE, Jeffreys AJ, Wilde
in ways which will result in blighted lives. We are C, Finch LMB, Wells M et al. DNA fingerprinting Dolly.
surely on less firm, and less clearly morally Nature 1998; 394: 330.
Wakayama T, Perry ACF, Zuccottis M, Johnson KR,
respectable, grounds when we attempt to impose 3 Yanagimachi R. Full-term development of mice from enucle-
our ideals and preferences about the specifics of ated oocytes injected with cumulus cell nuclei. Nature
how future lives should go. 1998;394:369-73. This development in nuclear transfer
technology is significant for the case of human cloning because
Q(U), as we have shown, has troublesome prac- mice possess a reproductive physiology closer to that of human
tical implications for a whole range of policies beings than animals like sheep and cows.
concerning procreation, both natural and artifi- 45 Two This view is echoed in the opinion section of Nature 1998; 394.
main uses of cloning by nuclear transfer have been
cial. We argued that the reasons why a future distinguished: therapeutic and reproductive. Therapeutic cloning
is understood as any instance of cell nucleus replacement aimed
clone's, or, for that matter, a future non-clone's at creating cell lines and/or for the treatment of disease.
life might go badly (relative to someone else), Reproductive cloning, by contrast, is any instance of cloning
command attention. If we allow considerations which is not motivated by the desire to avoid disease or disability.
We have chosen to concentrate on reproductive uses of nuclear
like marginalisation, discrimination, impediments transfer technology because they are more controversial.
to autonomy, etc, to outweigh all other considera- 6 For discussion of why it may be difficult to pinpoint the source
of people's discomfort with human cloning see Kass LR. The
tions when deliberating over the moral permissi- wisdom of repugnance. The New Republic 1997 Jun 2:17-26.
bility of human cloning, we, at the same time, 7 ics For a critique of these see Harris J. "Goodbye Dolly"? The eth-
of human cloning. Journal of Medical Ethics 1997;23:353-60.
court numerous other unacceptably illiberal 8 Parfit D. Reasons and persons. Oxford: Clarendon Press, 1984:
outcomes. There are, of course, many cases where ch 16.
See reference 8: 358.
it is true that the morally superior of two otherwise 109 This is Parfit's
identical procreative acts will be the one that 11 See reference 8:point
made here in the plural.Reference 8: 359.
360.
maximises child welfare. The crucial issue is what 12 See Parfit's discussion of Jane's choice: reference 8: 375-7.
We do not mean by the term prejudicial attitudes here formal
follows from this. Many people believe that the 13 discrimination, ie, rights violations.
child welfare card trumps all, that once they have 14 Deech R. Human cloning and public policy. In: Burley J, ed.
shown that some procreative choice or technology The genetic revolution and human rights. Oxford: Oxford Univer-
sity Press: ch 4 (in press).
can lead to suboptimal circumstances for the 15 Holm S. A life in shadows: one reason why we should not clone
resulting children this constitutes a knock-down humans. Cambridge Quarterly of Healthcare Ethics 1998;7:160-
2. Other formulations of the objection may be found in:
argument against any claimed freedom to procre- Wilmut I. Dolly: the age of biological control. In: Burley J, ed.
ate in that way or using that technology. This The genetic revolution and human rights: ch 1 (see reference 14),
and Klotzco AJ.Voices
from Roslin:
the creators of Dolly
seems to us not only implausible but palpably discuss science, ethics and social responsibility. Cambridge
morally unacceptable. Quarterly of Healthcare Ethics 1998;7: especially, 137-9.
16 See reference 15: Holm S: 160.
17 Holm's own remarks suggest that this is appropriate. See refer-
Acknowledgements ence 15: Holm S:162.
18 Matthew Clayton has developed an ingenious argument in
We are grateful to Matthew Clayton, GA Cohen, support of the claim that the very act of choosing the genes of a
Julian Savulescu, and two anonymous referees child, irrespective of the consequences, is, in a non-person-
from the J7ournal of Medical Ethics for their helpful affecting sense, a violation of its autonomy. See Procreative
autonomy and genetics. In: Burley J, Harris J, eds. A companion
comments on an earlier draft of this article. to genethics. Oxford: Blackwell, forthcoming 1999.

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