Of Mice and Men: God and the Canadian Supreme Court

Abstract. In a recent 5‐to‐4 decision, the Supreme Court of Canada denied to Harvard University a patent on a genetically modified mouse. In their reasoning, the majority Justices, concerned obviously about the implications of granting the patent for the human case, argue that higher organisms (mammals) are not “compositions of matter” in the sense intended by the Canadian Patent Act. But if a mouse is not a composition of matter, what—indeed, what on earth—is it? As the minority Justices complain, the majority decision smacks of dubious metaphysics and theology. Appealing to a quite unlikely source, the Bible, I show that the distinction between mice and men can be defended without introducing problematic metaphysical and question‐begging theological materials. I also show, en route, that the biblical position on the special status of men and women is not inconsistent with evolutionary theory. Granting a patent on the mouse (as was done in the U.S.A.) is compatible with denying it to human organisms.