A "wrongful life" suit is based on the purported tortious liability of a genetic counsellor towards an infant with hereditary defects, with the latter asserting that he or she would not have been born at all if not for the counsellor's negligence. This negligence allegedly lies in the failure on the part of the defendant adequately to advice the parents or to conduct properly the relevant testing and thereby prevent the child's conception or birth. This paper will offer support (...) for the thesis that it would be both feasible and desirable to endorse "wrongful life" compensation actions. The genetic counsellor owed a duty of due professional care to the impaired newborn who now claims that but for the counsellor's negligence, he or she would not have been born at all. The plaintiff's defective life constitutes a compensable injury. A sufficient causal link may exist between the plaintiff's injury and the defendant's breach of duty of due professional care and an appropriate measure of damages can be allocated to the disabled newborn. Sanctioning a "wrongful life" cause of action does not necessarily entail abandoning valuable constraints with regard to abortion and euthanasia. Nor does it inevitably lead to an uncontrolled slide down a "slippery slope". (shrink)

The article concerns the claim of a handicapped child for having come into the world in a harmed state, called the wrongful life claim. The article first presents an analysis of the legal construction of a claim, which has to do with such aspects as the subject of the relationship of restitution and the legal conditions for restitution, including the problem of the legal protection of the good of the child, the cause and effect relationship, and the harm. The (...) conclusion of the analysis is that on the basis of current Polish law the wrongful life claim would be rejected as unfounded. After carrying out a legal analysis the article also considers problems of a philosophical nature to which the above claim gives rise, such as the problem of nonexistence, the problem of the right not to have been conceived and not to have been born, the problem of measuring the value of a human life, and the problem of procreative freedom and autonomy. At the end the author presents the ethical and social aspects of the claim, such as the promotion of a proeugenic and proabortion attitude, the stigmatization of handicapped children, discrimination on the basis of health, the change of the standard of medical services, and the issue of social care. These analyses lead to the conclusion of the necessity of establishing legal regulations that exclude the possibility of these kinds of claims. At the same time she postulates the strengthening of parental awareness and responsibility and the creation of appropriate legal and social structures to support handicapped children and their families. (shrink)

This article discusses a recent ruling by the German Federal Court concerning medical professional liability due to potentially unlawful clinically assisted nutrition and hydration at the end of life. This case raises important ethical and legal questions regarding a third person’s right to judge the value of another person’s life and the concept of ‘wrongful life’. In our brief report, we discuss the concepts of the ‘value of life’ and wrongful life, which were evoked by (...) the court, and how these concepts apply to the present case. We examine whether and to what extent value-of-life judgements can be avoided in medical decision-making. The wrongful-life concept is crucial to the understanding of this case. It deals with the question whether life, even when suffering is involved, could ever be worse than death. The effects of this ruling on medical and legal practice in Germany are to be seen. It seems likely that it will discourage claims for compensation following life-sustaining treatment. However, it is unclear to what extent physicians’ decisions will be affected, especially those concerning withdrawal of CANH. We conclude that there is a risk that LST may come to be seen as the ‘safe’ option for the physician, and hence, as always appropriate. (shrink)

I shall be concerned in this paper with some philosophical puzzles raised by so-called “wrongful life” suits. These legal actions are obviously of great interest to lawyers and physicians, but philosophers might have a kind of professional interest in them too, since in a remarkably large number of them, judges have complained that the issues are too abstruse for the courts and belong more properly to philosophers and theologians. The issues that elicit this judicial frustration are those that require (...) the application to border-line cases of such philosophically interesting concepts as acting, causing, and the one that especially interests me, harming. I first became interested in the concept of harming in my work on the moral limits of the criminal law, where I had to come to terms with John Stuart Mill's famous “harm principle”–the principle that it is always a good reason in support of a criminal prohibition, indeed, the only legitimate reason, that it will prevent harm to persons other than the actor. I could not very well criticize that principle until I decided what the word “harm” must mean in its formulation. I gave what I took to be the requisite analysis of harm in my book Harm to Others. Here I wish to improve that analysis, examine its implications for civil as well as criminal liability, and test it on conceptually hard cases, especially cases of prenatal harming, that is, cases in which the wrongful causative conduct occurs before the victim's birth, and the harmed state that is its upshot consists in being born in an impaired condition. (shrink)

In this groundbreaking new study, Ben Ware carries out a bold reassessment of the relationship between modernism and ethics, arguing that modernist literature and philosophy offer more than simply a snapshot of the moral conflicts of the past: they provide a crucial point of reference for today’s emancipatory struggles. Modernism in this assessment is characterized not only by a concern with language and aesthetic creativity, but also by a preoccupation with the question of how to live. Investigating ethical ideas in (...) Wittgenstein, Beckett, Kierkegaard, Kant, Cavell, Marx, Henry James and Lacan, Ware demonstrates how these thinkers can bring us to a new understanding of a constellation of issues which contemporary radical thought must re-visit: utopia, repetition, perfectionism, subtraction, negativity, critique, absence, duty, revolution and political love. The result is a timely and provocative intervention, which re-draws the boundaries for future debates on the ethics and politics of modernism. (shrink)

Philosophical problems with the concept of wronging someone in bringing the person into existence, especially the non-identity problem, have been much discussed in connection with forms of assisted reproduction that carry risks of harms either greater than or not otherwise present in natural reproduction. In this essay, I discuss the meaning of claims of wrongful life, distinguishing them from claims of wrongful disability. Attempts to conceptualize wrongful disability in terms of either the harmed existence of the offspring, or the (...) possibility of less harmful alternatives, are found unsatisfactory. A contractualist approach that provides an account of wronging that is independent of harming is considered. Finally, I present a new approach that necessitates an account of reasons for procreation that could justify harm to the offspring. These reasons are not the kind that require or prohibit actions of certain types, but reflect what the agent sees as intrinsically valuable in acting. (shrink)

Our ambivalent attitudes toward the notion of ‘a life worth living’ present a philosophical puzzle: Why are we of two minds about the birth of a severely disabled child? Is the child’s life worth living or not worth living? Between these two apparently incompatible evaluative judgments, which is true? If one judgment is true and the other false, what makes us continue to find both evaluations appealing? Indeed, how can we manage to hold these inconsistent judgments simultaneously at (...) all? I critically examine two solutions to this puzzle: the hidden-indexical account and Velleman’s anti-realist account. I propose an alternative explanation which appeals to (a) state-given, as opposed to object-given, reasons for belief and (b) the distinction between belief and acceptance. I argue that (1) the fact that a severely disabled life is not worth living provides object-given reason to believe that that life is not worth living, but (2) after the birth of a severely disabled child, the psychological utility of positive evaluation gives us a state-given reason to believe that that child’s life is worth living, and a reason to accept that, in our relation with the child, her life is worth living. I conclude by drawing a practical lesson about wrongful life suits. (shrink)

Most courts around the world have been refusing wrongful life actions. The main argument invoked is that the supposed compensable injury cannot be classified as such, since life is always a blessing no matter how hard and painful it is.In opposition to mainstream scholars and the dominant case law, this article sustains that life must be distinguished from living conditions, the former being the real injury at stake, since some living conditions are so intolerable that in themselves (...) they justify a compensation within wrongful life actions. (shrink)

This article discusses an anomaly in the English law of reproductive liability: that is, an inconsistency between the law’s approach to wrongful life claims and its approach to cases of negligent selection of gametes or embryos in infertility treatments (the selection cases). The article begins with an account of the legal position, which brings into view the relevant inconsistency: while the law treats wrongful life claims as non- actionable, it recognises a cause of action in the selection cases, (...) although the selection cases bear a relevant resemblance to wrongful life claims. The article then considers arguments that may be invoked in an attempt to reconcile the above two strands of the law. Three of these counterarguments consist in attempts to distinguish the selection cases from wrongful life claims. It is argued that these attempts fail to reveal a valid basis for treating these situations differently. A fourth possible counterargument levels against the present analysis a charge of reductio ad absurdum. It is shown that this argument suffers from a fundamental flaw caused by confusion between different senses of the term “identity”. Finally, the article discusses possible changes to the legal position that could rectify the problem. It argues that one of these changes, which focuses on legal redress for violation of personal autonomy, is particularly apt to resolve the problem at hand, but also highlights the need for further inquiry into the broader implications of introducing this form of redress into the law of torts. (shrink)

Suits that claim that a child would be better off never having been born often founder on conceptual and logical dilemmas. However, the correct interpretation of “wrongful life” does not require a comparison between existence and nonexistence. The New Jersey Supreme Court's decision in the Procanik case to limit damages to extraordinary medical expenses, barring recovery for pain and suffering, is a reasonable resolution.

The author considers that some of the reasonings used by both the American and English courts against recognising a wrongful life claim are far from persuasive. However, there may indeed be strong public policy reasons against judicial recognition of such a claim. If judicial remedy is not possible for children in wrongful life situations, society ought to assist them in the alleviation of some of the practical problems caused by deformities.

There are four major arguments raised against wrongful life claims: first, that it is impossible to establish harm in wrongful life claims; second, that wrongful life claims are illogical or incoherent; third, that life is inviolable and sacred no matter the quality; and fourth, that there are no rights and duties towards non-existent persons. In this paper, I will examine and evaluate critically the first two arguments. I will reject these objections against wrongful life claims (...) and demonstrate that they rely on a conceptual error/mistake. In doing so, I will reject the logic of comparing existence with non-existence in wrongful life claims. Instead, I will maintain that recognition of the infant's cause of action and recognition of the infant's harmed condition need not imply any preference for non-existence over existence, and it need not to be so severe as to make life not worth living. I will conclude by briefly giving an account of what seems to me to be the right conception of what it is to be harmed. (shrink)

Definition of the problem: The medical progress made in human reproduction and prenatal diagnosis is having an increasing effect on the responsibility of doctors concerning reproduction and birth. A faulty diagnosis or professional error is causing lawyers to be confronted with difficulties in which ethical views are involved. It is becoming clear that there will be difficulties if the courts have to rule on the question whether the doctor is under an obligation to pay maintenance following the birth of an (...) unwanted child or a child with genetic defects. Arguments and conclusion: First, the controversy about parental claims on maintenance as a result of an unwanted child (”wrongful birth”) is presented, and the ethical arguments against physician liability are critically discussed. Subsequently, the claims of a genetically defective child against the doctor (”wrongful life”) are dealt with. It should be stressed that it is unjust for the court to reject physician liability in this case. The intention is to point out that ethical judgements are improper and inadequate in both cases. (shrink)

This article reports and analyses a ‘wrongful life’ lawsuit brought against a genetic counsellor who failed to refer a woman for prenatal genetic testing despite her pleas to do so; this resulted in the wrongful birth of a child with a genetic abnormality. As a result of negligence, the mother did not have a termination and the baby was born. This is an event that reveals the troublesome nature of prenatal genetic testing applications in medical practice in Korea. The (...) case presentation and critique illuminates how genetic research and its applications in practice influence human life and society. The central issues involved in the lawsuit are the discrepancies between present practice and the law, and lack of respect for the client’s request to make self-determined reproductive choices. The lawsuit is explored in terms of the ethical grounds for the court’s ruling, the responsibility of the genetic counsellor, the sociocultural impact of genetic testing in Korean society, and people’s ability to make informed choices about how this technology is applied in medical practice. (shrink)

“Wrongful life” claims are made by persons born with a disease to the effect that they should not have been born. I ask whether we can say that if someone claims that he would have been better off if he were not born, he would be better off if he died. I examine the relationship between the following propositions:(1) It would have been better for me if I were not born.(2) My life (as a whole) is not worth (...) living.(3) It would be better for me if I died.(4) I desire to die.(5) I should commit suicide/ ask for euthanasia.If a person claims that he would have preferred not to be born, this normally implies that it would be better for him if he died. But this does not necessarily imply that he desires to die, or that he should commit suicide. (shrink)

Wrongful life is an action brought by a defective child who sues to recover for pecuniary or emotional damages suffered as a result of being conceived or born with deformities. In such cases, plaintiff alleges that the negligence of a responsible third party,1 such as physician, hospital, or medical laboratory, is the proximate cause of plaintiff's being born or conceived and thus being compelled to suffer the debilitating effects of a deformity. The child does not sue to recover for (...) the deformity, but rather it is claimed in such cases that the child's life is itself a wrong to the child; hence, the name wrongful life.The present essay explores how the language of rights enters into wrongful life suits and critically evaluates rights appeals in these cases. Philosophical analysis yields the result that the ascription of rights to plaintiffs in wrongful life suits entails consequences we are unwilling to accept. (shrink)

According to theories of wrongful life (WL), the imposition upon a child of an existence of poor quality can constitute an act of harming, and a violation of the child’s rights. The idea that there can be WLs may seem intuitively compelling. But, as this paper argues, liberals who commit themselves to WL theories may have to compromise some of their other beliefs. For they will thereby become committed to the claim that some women are under a stringent moral (...) duty to have an abortion: a duty that could, without injustice, at least sometimes be enforced by the state. WL theories in other words imply that some women will lack a right to choose, under which both the decision to abort, and the decision to carry the fetus to term, are protected against interference. The paper exposes a dilemma, then, for liberals who are committed both to (a) the rights of future people not to be subjected to a harmful existence, and (b) the rights of women to refuse an abortion. (shrink)

In this collection, a leading sociologist brings his distinctive method of social criticism to bear on some of the most significant ideas, political and social events, and thinkers of the late twentieth century. In the first section, the author examines several concepts that have figured prominently in recent political-ideological controversies: capitalism, rationality, totalitarianism, power, alienation, left and right, and cultural relativism/ multiculturalism. He considers their origins, historical shifts in their meaning and the myths surrounding them, and their resonance beyond their (...) formal definitions. The second section highlights the author's lifelong interest in the relation of intellectuals to social classes and institutions. The author assesses the notion of a 'New Class', considers the implications for class structure of the increasing centring of intellectual life in the university, and assesses the relation of sociology to professional jargon. (shrink)

In wrongful life litigation a congenitally impaired child brings suit against those, usually physicians, whose negligence caused him to be born into his suffering existence. A key conceptual question is whether we can predicate harm in such cases. While a few courts have permitted it, many courts deny that we can, and thus have refused these children standing to sue. In this article the author examines the wrongful life cases and literature enroute to a broader consideration of harm. (...) This literature, and philosophical discussions of harm generally, rely on a definition which ascribes harm by comparing an individual's current condition with that in which he would otherwise have been, but for the allegedly harmful event. The author shows this definition to be conceptually and morally flawed. A superior general definition is offered which, when then applied to wrongful life cases, shows that we can easily ascribe harm in these cases and can find clear potential for tort liability. (shrink)

Germain Grisez’s philosophical argument for respecting human life has been developed by fellow new natural law theorists and applied to a range of lethal actions, for its conclusion is vast: intending the death of any human being as a means or an end is wrong in itself. For some Thomists, the NNL view on killing is both lax and rigorist: They consider it lax because its narrow criterion for what is “intended” leaves out some acts, especially ones related (...) to abortion, that the critics consider murder. And they consider the NNL view rigorist insofar as it apparently rules out the death penalty, contrary to the Thomistic tradition and perhaps even heretically. However, the most salient philosophical arguments for exceptions to the principle against intending anyone’s death are weaker than the case for any given premise of the contrary NNL argument. Nevertheless, some NNL theorists’ arguments on life are unsound, some can be defended better than they have been, and some nonphilosophical objections based on theological authority require more exploration. (shrink)

The Wrong Question? is the response by an anthropologist to a question posed by a philosopher concerning the intelligibility of alien forms of thought. I argue that it is wrong to describe the problem of intelligibility as one of logic or rationality. Indeed, foreign practices (no less than our own) may become intelligible only once they are not evaluated according to abstract criteria of rationality. To ask of a given practice or form of life whether it is (...) rational is an error of grammar (nonsense) in Wittgenstein’s sense. I describe how intelligibility emerges over the course of ethnographic fieldwork but also argue that we must work on our own concepts in order to make foreign ones intelligible. The response draws from both Gadamer and Wittgenstein as well as anthropologists Geertz, Evans-Pritchard, and Lévi-Strauss. Following Cora Diamond, I suggest further that the ethical and rational dimensions of understanding another are indissociable. (shrink)

This paper challenges a dualistic picture popularised by Nigel Pleasants at the centre of influential investigations into the possibility of Wittgensteinian forms of moral certainty. The dualistic picture takes it for granted that moral certainty concerns both a series of hinge propositions that are beyond doubt, make no sense to justify and cannot be expressed in ordinary discourse and a phenomenon that is only ever instantiated in our ways of acting. I consider tensions in this account as they relate to (...) ‘Murder is wrong’ as a moral hinge proposition by drawing on the life and lyrics of US hip‐hop artist Kendrick Lamar. My claim is that the Lamar example highlights important tensions in our relation to the wrongness of murder that many would understand to occur within the moral realm, but which are conceptually ruled out from dualistic accounts of moral certainty. The plausibility of the dualistic picture must therefore be reassessed. (shrink)

The authors reject arguments by Professor Joseph Fletcher (author of Situation Ethics) that in some circumstances parents may be held responsible for producing genetically defective offspring, but offer arguments of their own for the same conclusion. Their arguments could, they suggest, justify `wrongful life' claims by the genetically defective infant against the mother. While researching this paper both authors were postdoctoral fellows in medical ethics in the Program on Human Values and Ethics at the University of Tennessee Center for (...) the Health Sciences. (shrink)

torts raise a number of interesting and perplexing philosophical issues. In a suit for ‘wrongful life’, the plaintiff (usually an infant) brings an action (usually against a physician) claiming that some negligent action has caused the plaintiff's life, say by not informing the parents of the likely prospect that their child would be born with severe defects. The most perplexing feature of this is that the plaintiff is claiming that he would have been better off if he had (...) never been born. A number of arguments have appeared which purport to show that ‘wrongful life’ claims should not be allowed, either because it is senseless to claim that one would be better off if one had not existed or that it is impossible to assess the extent to which someone has been damaged by being brought into existence. In our paper we rebut these arguments and suggest a procedure for determining damages in ‘wrongful life cases’. Keywords: ‘wrongful life’, ‘wrongful birth’, negligence, impaired existence, assessing damage * Professor Bell would like to express appreciation to the National Endowment for the Humanites for affording her the opportunity at an NEH Summer Seminar to do most of the background work for the preparation of this manuscript, and to the South Carolina Committee for the Humanities for funding that aided in continued work on this topic. CiteULike Connotea Del.icio.us What's this? (shrink)

I argue that it is wrong deliberately to bring into existence an individual whose life we can reasonably expect will be of very poor quality. The individual's life would on balance be worth living but would nevertheless fall below a certain threshold. Additionally the prospective parents are unable to have any other child who would enjoy a better existence. Against the claims of John Harris and John Robertson I argue that deliberately to conceive such a child would (...) not be to exercise the right to procreate. For this right is internally constrained by the requirement that any resultant child has the reasonable prospect of a minimally decent life. (shrink)

I argue that the notion of human rights is a flawed notion of relatively recent historical origin, growing primarily out of Enlightenment concerns to separate human beings from their metaphysical and communal heritage. I critique liberal, secular individualism as an abstract perspective that fails to comprehend those fundamental family relations out of which genuine human life emerges and within which it must remain if it is to be perceptive, grounded, and concrete. Finally, I argue that the most important relations (...) humans sustain to each other are internal, not external to them and that the bonding found through empathy is more insightful in decision making than the analytic connections engendered through human reason. (shrink)

I give a revision (“reload”) of an earlier paper on logico-empiricism’s philosophy of biology by checking its central theses against the background of the international conferences of Prague (1934), Paris (1935), and Copenhagen (1936), so important for the development of logical empiricism and its spread in the western world. My theses are that logical empiricism did not contribute in the same way to the development of philosophy of biology, as it did e.g. to the development of philosophy of mathematics or (...) physics. The reasons for this failure were: (1) logical empiricists were unexperienced in biological science. (2) They concentrated on an unproductive ('ideological') framework (anti-vitalism, reduction) that they took to be philosophy of biology. (3) This prevented them from dealing with actual problems of biological science. Between the various sections of the paper, I insert “intermezzos” that present several conference participants in a wider historical context (Great War, persecution, language). (shrink)

For as long as humans have pondered philosophical issues, they have contemplated the good life. Yet most suggestions about how to live a good life rest on assumptions about what the good life actually is. Thomas Carson here confronts that question from a fresh perspective. Surveying the history of philosophy, he addresses first-order questions about what is good and bad as well as metaethical questions concerning value judgments. Carson considers a number of established viewpoints concerning the good (...) life. He offers a new critique of Mill's and Sidgwick's classic arguments for the hedonistic theory of value, employing thought experiments that invite us to clarify our preferences by choosing between different kinds of lives. He also assesses the desire- or preference-satisfaction theory of value in detail and takes a fresh look at both Nietzsche's Übermensch ideal and Aristotle's theory of the good life. In exploring foundational questions, Carson observes that many established theories rest on undefended assumptions about the truth of moral realism. Arguing against this stand, he defends the view that good means desirable and presents a divine-preference version of the desire-satisfaction theory. In this he contends that, if there exists a kind and omniscient God who created the universe, then what is good or bad is determined by His preferences; if such a God does not exist, what is good or bad depends on what we as rational humans desire. Value and the Good Life is the only book that defends a divine-preference theory of value as opposed to a divine-command theory of right and wrong. It offers a masterfully constructed argument to an age-old question and will stimulate all who seek to know what the good life truly is. (shrink)

This book is open access under a CC BY 4.0 license. This timely book addresses the conflict between globalism and nationalism. It provides a liberal communitarian response to the rise of populism occurring in many democracies. The book highlights the role of communities next to that of the state and the market. It spells out the policy implications of liberal communitarianism for privacy, freedom of the press, and much else. In a persuasive argument that speaks to politics today from Europe (...) to the United States to Australia, the author offers a compelling vision of hope. Above all, the book offers a framework for dealing with moral challenges people face as they seek happiness but also to live up to their responsibilities to others and the common good. At a time when even our most basic values are up for question in policy debates riddled with populist manipulation, Amitai Etzioni’s bold book creates a new frame which introduces morals and values back into applied policy questions. These questions span the challenges of jobless growth to the unanswered questions posed by the role of artificial intelligence in a wide range of daily life tasks and decisions. While not all readers will agree with the communitarian solutions that he proposes, many will welcome an approach that is, at its core, inclusive and accepting of the increasingly global nature of all societies at the same time. It is a must read for all readers concerned about the future of Western liberal democracy. Carol Graham, Leo Pasvolsky Senior Fellow, The Brookings Institution and College Park Professor/University of Maryland In characteristically lively, engaging, and provocative style Etzioni tackles many of the great public policy dilemmas that afflict us today. Arguing that we are trapped into a spiral of slavish consumerism, he proposes a form of liberal communitarian that, he suggests, will allow human beings to flourish in changing circumstances. Jonathan Wolff, Blavatnik Chair of Public Policy, Blavatnik School of Government, University of Oxford. (shrink)

The issue of wrongful disability arises when parents face the choice whether to produce a child whose life will be unavoidably flawed by a serious disease or disorder (Down syndrome, for example, or Huntington’s disease) yet clearly worth living. The authors of From Chance to Choice claim, with certain restrictions, that the choice to produce such a child is morally wrong. They then argue that an intuitive moral approach––a “person-affecting” approach that pins wrongdoing to the harming of some (...) existing or future person––cannot account for that wrong since the choice to produce such a child cannot, under the logic of the nonidentity problem, harm that child. The authors propose that we supplement the person-affecting approach with an “impersonal” principle that takes the form of their well-known principle N. In this paper, I argue that the authors are mistaken to suppose that a plausibly articulated person-affecting approach cannot account for the wrong of wrongful disability. We can retain an intuitive, comparative, “worse for” account of harm and still identify serious harms imposed by the choice of wrongful disability. In particular, I argue that harm, both to the impaired child and to others, comes not in the form of that procreative choice’s procreative effect but rather in the form of its many distributive effects. I also argue that the rare, residual case in which a person-affecting approach would approve of the choice of wrongful disability does not function as a counterexample to that approach. As a separate matter, I address legal claims for wrongful disability, which are closely akin to claims for wrongful life. The legal claim is brought by the impaired child, not against the parents, but rather against health care providers whose negligent failure to diagnose or inform parents of an increased risk of a genetic or congenital impairment results in the birth of the impaired child. The authors’ treatment of the moral wrong that is done as impersonal in nature suggests that courts are correct to dismiss any such claim. Once we identify harm, however, the person-affecting approach can identify a clear foundation in the law for the wrongful disability claim. (shrink)

The New Jersey Supreme Court has continually avoided making moral judgments about the value of life and emphasized that such decision making should be the province of the potential parents. Recently, in Acuna v. Turkish, the court elaborated on the limitations of the decision-making right of the potential parents, and its decision demonstrated that New Jersey courts were only willing to require physicians to disclose all relevant medical information, and not moral statements that had not been agreed upon by (...) the state's medical community, people, or legislature. Acuna might be read as a departure from the trend displayed by New Jersey courts in “wrongful birth” and “wrongful life” actions toward empowering potential parents to decide if they want to bring the pregnancy to term. However, the decision actually fits squarely within this trend in that the reluctance to expand the information to which potential parents are entitled from their physicians can be directly tied to the reluctance of the New Jersey Supreme Court to weigh in on the value of life in wrongful birth and wrongful life suits. (shrink)

Is the history of philosophy primarily a contribution to PHILOSOPHY or primarily a contribution to HISTORY? This paper is primarily contribution to history (specifically the history of New Zealand) but although the history of philosophy has been big in New Zealand, most NZ philosophers with a historical bent are primarily interested in the history of philosophy as a contribution to philosophy. My essay focuses on two questions: 1) How did New Zealand philosophy get to be so good? And why, given (...) that is so good (a point I am at pains to establish), has it apparently had so slight a cultural impact within New Zealand itself? Did we get the wrong Anderson – the uninspiring William, who was Professor at Auckland, rather than his talented younger brother John, who had such a huge cultural influence as Professor of Philosophy at Sydney? Perhaps but that can only be part of the story since we managed to attract even bigger stars, (notably Karl Popper) as well as breeding bigger talents of our own (Prior, Baier, Bennett, Mulgan, Hursthouse, Waldron and many more). Do we export our best talent? Sometimes – but the stars that stay and the stars who arrive don’t seem to have much impact in New Zealand itself however brightly they shine in the international philosophical firmament. Is it too esoteric? Perhaps, but esoteric philosophy can still have a cultural impact, witness, Moore, Popper and the younger Anderson. Is it, like many of New Zealand’s cultural products (from romance novels to movies), primarily intended for an international audience? That’s a large part of the answer but only a part. Another part of the answer is that philosophy HAS had a cultural impact but that impact is not readily apparent. For NZ philosophers have been less keen to push their ideological barrows and more keen to produce critical thinkers, and critical thinkers don’t all think alike. The logician George Hughes was apparently a life-changing teacher not because he had a nostrum but because he taught people to think. As one of his students said ‘the only ism you believe in is the syllogism’. On the whole the history of New Zealand Philosphy is a ‘From Log Cabin to White House’ tale, ‘From colonial obscurity through struggle and adversity to philosophical excellence’. But there are shadows in the picture. Some departments have nearly come to grief through bureaucratic and political misadventures, and it is hard to resist the suspicion that there is often an element of hostility to philosophers on the part of both university bureaucrats and fellow-academics. I speculate as to why this is the case (we are too argumentative and don’t confine our argumentative tendencies to the cloister) but conclude with some upbeat reflections. on the future of New Zealand Philosophy. (shrink)

This article discusses a crucial question through an analysis of Adorno's critique of Kant's moral philosophy: can human beings live a good life? Kant optimistically argues that human beings as rational beings have transcendental freedom and can autonomously formulate and follow universal moral laws without any empirical conditions. Therefore, human beings can always act morally and live a good life. Adorno, on the other hand, argues that there is no right life in a wrong life. (...) Adorno, who was at a different time in history from Kant, criticized Kant's philosophy of transcendental freedom, moral imperative, and identity, and proposed new moral imperatives. I think Adorno's critique of Kant's conception of freedom failed, but his critique of the moral imperatives and identity shows a complex and profound philosophical reflection and practical concern. (shrink)

In this groundbreaking new study, Ben Ware carries out a bold reassessment of the relationship between modernism and ethics, arguing that modernist literature and philosophy offer more than simply a snapshot of the moral conflicts of the past: they provide a crucial point of reference for today's emancipatory struggles. Modernism in this assessment is characterized not only by a concern with language and aesthetic creativity, but also by a preoccupation with the question of how to live. Investigating ethical ideas in (...) Wittgenstein, Beckett, Kierkegaard, Kant, Cavell, Marx, Henry James and Lacan, Ware demonstrates how these thinkers can bring us to a new understanding of a constellation of issues which contemporary radical thought must re-visit: utopia, repetition, perfectionism, subtraction, negativity, critique, absence, duty, revolution and political love. The result is a timely and provocative intervention, which re-draws the boundaries for future debates on the ethics and politics of modernism. (shrink)

In my essay, Why abortion is immoral, I criticised discussions of the morality of abortion in which the crucial issue is whether fetuses are human beings or whether fetuses are persons. Both argument strategies are inadequate because they rely on indefensible assumptions. Why should being a human being or being a person make a moral difference? I argued that the correct account of the morality of abortion should be based upon a defensible account of why killing children and adults is (...) wrong. I claimed that what makes killing us wrong is that our premature deaths deprive us of our futures of value, that is, the goods of life we would have experienced had we survived. This account of the wrongness of killing explains why killing is one of the worst of crimes and how killing greatly harms the victim. It coheres with the attitudes of those with cancer or HIV facing premature death. It explains why we believe it is wrong to kill infants. It does not entail that it wrongs a human being to end her life if she is in persistent vegetative state or if her future must consist only of unbearable physical suffering and she wants to die. This account of the wrongness of killing implies that abortion is immoral because we were fetuses once and we know those fetuses had futures of value. Mark Brown claims that this potential future of value account is unsound because it implies that we have welfare rights to what we need to stay alive that most people would reject. I argue that Brown is incorrect in two ways: a welfare right to what we need to stay alive is not directly implied by my account and, in addition, most of us do believe that dependent human beings have substantial welfare rights to what they need to stay alive. Brown argues that depriving us of a future of value of which we have mental representations both is a better explanation of the wrongness of killing and does not imply that abortion is immoral. I reply that if Brown's arguments against my view were sound, those arguments could be easily adapted to show that his view is unsound as well and Brown's view is both ambiguous and unsound on any interpretation. The most popular class of pro-choice argument strategies appeals to the view that some or all fetuses lack either a mental state or function or a capacity for a mental state or function necessary for possession of the right to life. Desires, interests, sentience, various concepts, moral agency, and rationality have all been suggested as candidates for this crucial mental role. Brown's analysis is one member of this class of strategies. I believe that it is possible to show that none of these strategies is reasonable. However, there are so many of these strategies that the required argument demands something more like a book and less like a short essay. The argument of the following essay is a piece of this larger argument. (shrink)

ABSTRACT This article defends the following argument: what makes you and I valuable so that it is wrong to kill us now is what we are (essentially). But we are essentially physical organisms, who, embryology reveals, came to be at conception/fertilisation. I reply to the objection to this argument (as found in Dean Stretton, Judith Thomson, and Jeffrey Reiman), which holds that we came to be at one time, but became valuable as a subject of rights only some time (...) later, in virtue of an acquired characteristic. I argue against this position that the difference between a basic, natural capacity and some degree of development of such a capacity is a mere difference in degree, that this position logically implies the denial of equal personal dignity, and that the selection of the required degree of development of a capacity is necessarily arbitrary. (shrink)

Being rude is often more gratifying and enjoyable than being polite. Likewise, rudeness can be a more accurate and powerful reflection of how I feel and think. This is especially true in a political environment that can make being polite seem foolish or naive. Civility and ordinary politeness are linked both to big values, such as respect and consideration, and to the fundamentally social nature of human beings. This book explores the powerful temptations to incivility and rudeness, but argues that (...) they should generally be resisted. Drawing on early Chinese philosophers who lived during great political turmoil but nonetheless sought to “mind their manners,” it articulates a way of thinking about politeness that is distinctively social. It takes as a given that we can feel profoundly alienated from others, and that other people can sometimes be truly terrible. Yet because we are social neglecting the social and political courtesies comes at great cost. The book considers not simply why civility and politeness are important, but how. It addresses how small insults can damage social relations, how separation of people into tribes undermines our better interests, and explores how bodily and facial expressions can influence how life with other people goes. It is especially geared toward anyone who feels the temptation of being rude and wishes it were easier to feel otherwise. It seeks to answer a question of great contemporary urgency: When so much of public and social life with others is painful and fractious, why should I be polite? (shrink)

In “Postponed Withholding: Balanced Decision-Making at the Margins of Viability,” Syltern et al. (2022) propose a novel approach to life-and-death decision making for extremely preterm infants in t...

In lieu of an abstract, here is a brief excerpt of the content:Index to Volume Fifty-SixArticlesBernier, Bernard, National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, 1 : 84-105Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, Chai-sik Chung, 2 : 253-280Buxton, Nicholas, The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, 3 : 392-408Chan, Sin Yee, The Confucian Notion of Jing (Respect), Sin Yee Chan, 2 : (...) 229-252Chong, Kim-chong, Zhuangzi and the Nature of Metaphor, 3 : 370-391Chung, Chai-sik, Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, 2 : 253-280The Confucian Ideal of Harmony, Chenyang Li, 4 : 583-603The Confucian Notion of Jing.(Respect), Sin Yee Chan, 2 : 229-252The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? Jay L. Garfield, 2 : 201-228The Crisis of Knowledge in Islam (I): The Case of al-'āmirī, Paul L. Heck, 1 : 106-135The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, Nicholas Buxton, 3 : 392-408De Reu, Wim, Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, 2 : 281-300The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhaga-vadgītā, Christopher Framarin, 4 : 604-617Framarin, Christopher, The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhagavadgītā, 4 : 604-617Garfield, Jay L., The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? 2 : 201-228Heck, Paul L., The Crisis of Knowledge in Islam (I): The Case of al-'ā mirī, 1 : 106-135Heidegger's Comportment toward East-West Dialogue, Lin Ma and Jaap van Brakel, 4 : 519-566Ho, Chien-hsing, Saying the Unsayable, 3 : 409-427Kantor, Hans-Rudolf, Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538-597) Tiantai Buddhism, 1 : 16-68Lai, Karyn, Li in the Analects: Training in Moral Competence and the Question of Flexibility, 1 : 69-83Li, Chenyang, The Confucian Ideal of Harmony, 4 : 583-603Li in the Analects: Training in Moral Competence and the Question of Flexibility, Karyn Lai, 1 : 69-83Ma, Lin, and Jaap van Brakel, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, Bernard Bernier, 1 : 84-105Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538- 597) Tiantai Buddhism, Hans-Rudolf Kantor, 1 : 16-68Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, Wim De Reu, 2 : 281-300The Role of Time in the Structure of Chinese Logic, Jinmei Yuan, 1 : 136-152Sakya Pandita and the Status of Concepts, Jonathan Stoltz, 4 : 567-582Saying the Unsayable, Chien-hsing Ho, 3 : 409-427Schiltz, Elizabeth, Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, 3 : 451-468Spackman, John, The Tiantai Roots of Dōgen's Philosophy of Language and Thought, 3 : 428-450Stevenson, Frank W., Zhuangzi's Dao as Background Noise, 2 : 301-331Stoltz, Jonathan, Sakya Pandita and the Status of Concepts, 4 : 567-582The Tiantai Roots of Dōgen's Philosophy of Language and Thought, John Spackman, 3 : 428-450 [End Page 709]Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, Elizabeth Schiltz, 3 : 451-468van Brakel, Jaap, and Lin Ma, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566Yuan, Jinmei, The Role of Time in the Structure of Chinese Logic, 1 : 136-152Zhuangzi and the Nature of Metaphor, Kim-chong Chong, 3 : 370-391Zhuangzi's Dao as Background Noise, Frank W. Stevenson, 2 : 301-331Book NotesFenner, David E. W., Introducing Aesthetics (note by James McRae), 3 : 515-516Introducing Aesthetics, by David E. W. Fenner (note by James McRae), 3 : 515-516McRae, James, a book... (shrink)