Analysis of Theories of Educational Jurisprudence and International Law Regarding the Cloned Child

Abstract

Proponents of educational jurisprudence in Iran believe that the principles of jurisprudence can be used in various fields of educational sciences, including the process of childbirth. One of the new scientific phenomena and development is the birth of a simulated child and the explanation of behavioral and educational dimensions and challenges of this method of birth. The purpose of the present study was to analyze the perspectives of educational jurists and international law regarding the simulated child. The research method is a comparative qualitative using systematic review approach. The research population included all studies that were published in the period 2000-2020. Boolean strategy was used to select the research sample and systematic review method - Kitchenham & Charters approach - was used for data analysis. The first research finding reveals that there is a difference between the opinions of the two groups in eight components and similarities in five dimensions. The unpredictable consequences of human simulation, threat to the family system, attention to the rights of the simulated child, and the preference of therapeutic simulation over productive simulation form the common denominator of educational jurists with the laws of international organizations. Dimensions such as the ideological basis of human status, the origin of the right to human health, the ideological basis of human consent to participate in the simulation process or the religion of the simulated person are mainly indicative of theoretical differences between the two groups. The research findings also indicated that educational jurists in Iran are more controversial than the international community on issues such as attention to the role of parents, relationship with Mahrams or Non-mahrams, and the rights of the child simulated in terms of custody, inheritance and blood money. It seems that educational systems same as religious and legal systems, must inevitably prepare themselves for the reception of simulated children in educational settings.

Keywords

• human simulation
• educational jurisprudence
• international law
• therapeutic simulation
• productive simulation