商业代孕会导致剥削吗？——对禁止商业代孕的伦理辨析

商业代孕反对者认为商业代孕会导致代孕母亲在价值和利益方面遭受剥削,因此有必要禁止商业代孕。但支持代孕者反对以此为理由禁止商业代孕。从学理上看,商业代孕确实不必然蕴含剥削;然而这种学理上的反驳只适合理想情形,对商业代孕的讨论必须考虑时机是否成熟。如果周边的法律不够完善,社会环境对女性并不友好,代孕女性作为人的价值得不到尊重,其利益也得不到保障,特别是在中介机构及资本涉足下,更会加重对代孕女性的工具化,从而导致结构性剥削。在这种情况下,禁止商业代孕是明智之举。

     

National responsibility,global justice and exploitation: a preliminary analysis

This article addresses the problem of filling in a missing component of David Miller's non-cosmopolitan theory of global justice, as elaborated in his recent National responsibility and global justice (Oxford: Oxford University Press, 2007). Miller originally included non-exploitation as one of the norms of global justice, but he does not provide a theory of exploitation in his recent book. This article is a preliminary attempt to suggest how Miller might fill in this gap. This article identifies the problems Miller faces in coming up with a theory of exploitation, given the limits imposed by the other parts of his theory of global justice. It examines and criticises several possible theories of exploitation that Miller might use. Finally, it argues that a modified version of Hillel Steiner's liberal theory of exploitation fits into Miller's overall theory of global justice.     

The journey of gestational surrogacy: religion,spirituality and assisted reproductive technologies

This article discusses the intersection of women’s experiences with the assisted reproductive technological practice of gestational surrogacy and spirituality and religion. During the interviews of eight gestational surrogates themes of spirituality-, religion- and faith-based language emerged as these women shared their narratives of assisted reproductive technologies in this Canadian study. Professionals supporting women before, during and after the experience of gestational surrogacy need to be mindful of the significance of spirituality and religion in third party reproduction practices for many women. In discussing these topics with gestational surrogates counsellors, child and youth care practitioners, faith leaders, social workers, and educators need to remain open and attentive to a multiplicity of diverse theological negotiations.     

Global ethics: dimensions and prospects

Global ethics is an emerging discipline which has not yet reached maturity. The main tasks before it to gain maturity are: first, to achieve a greater integration of various domains of enquiry all of which are concerned with global normative issues. At a general level this includes integrating global ethics with cosmopolitanism, global justice and human right discourse. At the level of areas of concern, there needs to be greater integration of various areas such as development, trade, environment and climate change. And it must grapple with the question of diversity within universality: how far can diversity of practices be accommodated within a culturally sensitive universal framework? Second, there is the question of finding a shared normative framework with respect to the diverse worldviews that may lie behind this: what degree and kind of convergence/consensus are worth working for? Third, there is the task of creating the conditions for its own wider acceptance, which should include taking the idea of global citizenship seriously.     

Within-family reproductive technologies as a solution to childlessness due to infertility: Psychological issues and interventions

Patients choosing new reproductive technologies benefit from psychological consultation as they face unforeseen emotional and interpersonal sequalae from these procedures. This paper focuses on those patients who choose family members or close friends (i.e., known donors) to donate sperm or eggs or uteri in order to conceive and produce their babies. Medical family therapy offers these patients and families a framework from which to examine the biological, psychological, and interpersonal issues involved in these within-family solutions to childlessness due to infertility.This paper is a revision of a talk, Medical Family Therapy, Infertility, and the New Reproductive Technologies, given at the 1994 annual meeting of the American Psychological Association on August 4 in Los Angeles, CA, as part of the Mini-convention on Families panel on Clinical Issues in Families and Health.     

Global poverty: four normative positions

Global poverty is a huge problem in today's world. This survey article seeks to be a first guide to those who are interested in, but relatively unfamiliar with, the main issues, positions and arguments in the contemporary philosophical discussion of global poverty. The article attempts to give an overview of four distinct and influential normative positions on global poverty. Moreover, it seeks to clarify, and put into perspective, some of the key concepts and issues that take center stage in the philosophical discussion of global poverty. The four positions to be discussed are labeled the Maximalist Position, the Minimalist Position, Intermediate Position I and Intermediate Position II. After an account of these four distinct positions, we turn, in the conclusion, to a discussion of what role empirical sciences such as economics and political science should play in normative considerations about global poverty.     

Global justice in the context of transnational surrogacy: an African bioethical perspective

Theoretical Medicine and Bioethics - The ongoing debate on how best to regulate international commercial surrogacy defies consensus, as the most cogent normative and jurisprudential...     

完善单身女性“冻卵”规范浅析——基于传统伦理与生育自主决定权博弈的视角

“冻卵”作为人类辅助生殖技术的重要组成部分已经愈发成熟和规范,但目前我国的人类辅助生殖技术规范却并不允许为单身女性实施冻卵技术。冻卵是女性行使生育决定权以实现生育权的方式,而生育权作为一项基本权利,具有明显的人格属性,它与女性对身体的自由决定和人格的自由发展紧密相关,不应以特定的婚姻身份为前提。允许在一定条件下适当放开单身女性利用此项技术具有重要的意义。相应的法律规范也需要作出调整,以避免生育市场化风险和高近亲结婚率。     

“八胞胎”事件引发的伦理思考

震惊全国的广州“八胞胎”事件逐渐淡出公众的视野,但它带给我们的思考并未结束.从伦理视角对该事件中暴露出的亲子关系的界定、“子宫”商品化、公平公正、多胎妊娠、代际伦理等问题进行了深入思考,并针对ART技术自身特点,从强化医疗机构和ART技术从业人员的职业道德和法律意识;加强卫生行政部门的监管;加强顶层设计,完善ART技术的法律法规;提高不孕症患者对辅助生殖知识的认知,加强生殖伦理教育等方面提出了探讨性建议.     

JUSTICE AS INHERENT RIGHTS: A RESPONSE TO MY COMMENTATORS

The critical comments by my fellow symposiasts on my book, Justice: Rights and Wrongs , have provided me with the opportunity to clarify parts of my argument and to correct some misunderstandings; they have also helped me see more clearly than I did before the import of some parts of my argument. In his comments, Paul Weithman points out features of the right order conception of justice that I had not noticed. They have also prodded me to clarify in what way rights are trumps; and both his comments and Bernstein's have prodded me to clarify certain aspects of the theistic account of human rights that I offered. Attridge's comments lead me to see that I was perhaps over-zealous in emphasizing the objective aspects of the semantic range of dikaiosunê as used in the New Testament and downplaying the subjective aspects. And O'Donovan's comments have provided me with the opportunity to make clear that my account of rights is not an immunities account that presupposes nominalism, and to emphasize the ways in which it is not an asocial individualistic account.     

Reconsidering resource rights: the case for a basic right to the benefits of life-sustaining ecosystem services

In the presence of anthropogenic climate change, gross environmental degradation, and mass abject poverty, many political theorists currently debate issues such as people's right to water, the right to food, and the distribution of rights to natural resources more generally. However, thus far many theorists either focus (somewhat arbitrarily) only on one particular resource (e.g. water) or they treat all natural resources alike, meaning that many relevant distinctions within the group of natural resources are overlooked. Hence, the paper will start with an analysis of the various forms which natural resources can take and how this might influence one's conception of resource rights. In so doing, the paper argues that we have to carefully distinguish between the actual physical resources people might control and how we distribute these, and the life-sustaining benefits each and every person draws from sustainable and functioning ecosystems. Based on this distinction, the paper will argue for a right to the benefits of life-sustaining ecosystem services as a universal basic right every person has. Further distributive claims with respect to particular physical resources would thus be limited by the requirements of such a basic right.     

Global ethics: a short reflection on then and now

Ten years on from the first issue of the Journal of Global Ethics, Darrel Moellendorf and Heather Widdows reflect on the current state of research in global ethics. To do this, they summarise a recent comprehensive road map of the field and provide a map of research by delineating the topics and approaches of leading scholars of global ethics collected together in the recently published Routledge Handbook of Global Ethics which they have co-edited. Topics fall under issues of war, conflict and violence; poverty and development; economic justice; bioethics and health justice; and environmental and climate justice. In all these areas, ethicists are becoming ever more engaged in the details and mechanisms of actually delivering justice in the real world.     

代孕需求方生殖自主权实现的道德界限辨析

辅助生殖技术的诞生,颠覆了人类的自然生殖模式,为不孕不育者提供了生殖选择的平等机会。从意志自由的视角看,代孕需求方具有生殖自主权。然而,生殖自主权不仅包含代孕需求方的尊严和意志自由内涵,还应包含对后代的养育责任内涵,体现生殖自主权与养育义务的结合。因此,基于保护后代利益原则,权衡尊重自主与不伤害原则,辨析代孕需求方在生殖动因、婚姻关系、养育能力以及与后代联系的道德界限;提出在医学动因的前提下夫精妻卵妊娠型代孕与其他类型代孕的根本区别是道德界限的内外之别。

     

Global Economy,Justice and Sustainability

Although this paper attends to some extent to the question whether the global economy promotes or impedes either justice or sustainability, its main focus is on the relationship between justice and sustainability. Whilst sustainability itself as a normative goal is about sustaining inter alia justice, justice itself requires intergenerationally the sustaining of the conditions of a good life for all. At the heart of this is a conception of justice as realising the basic rights of all–in contrast to a more demanding distributive principle or a less demanding principle of not violating the liberty rights or other basic rights of others. Although Pogge’s analysis that the global economy causes harm by failing to realise basic rights is seen as a useful challenge to common libertarian assumptions, the acceptance of other positive correlative duties, following Shue, is advocated. Insofar as the global economy fails to realise basic justice, the question is ‘how far can it realistically be changed?’ and this is a function partly of the moral attitudes of individuals at large.     

An ethnomethodological approach to examine exploitation in the context of capacity,trust and experience of commercial surrogacy in India

The socio-ethical concerns regarding exploitation in commercial surrogacy are premised on asymmetric vulnerability and the commercialization of women’s reproductive capacity to suit individualistic motives. In examining the exploitation argument, this article reviews the social contract theory that describes an individual as an ‘economic man’ with moral and/or political motivations to satisfy individual desires. This study considers the critique by feminists, who argue that patriarchal and medical control prevails in the surrogacy contracts. It also explores the exploitative dynamics amongst actors in the light of Baier’s conceptualization of trust and human relationship, within which both justice and exploitation thrive, and Foucault’s concept of bio-power. Drawing on these concepts, this paper aims to investigate the manifestations of exploitation in commercial surrogacy in the context of trust, power and experiences of actors, using a case study of one clinic in India. The actors’ experiences are evaluated at different stages of the surrogacy process: recruitment, medical procedures, living in the surrogate home, bonding with the child and amongst actors, financial dealings, relinquishment and post-relinquishment.This study applies ethnomethodology to identify phenomena as perceived by the actors in a situation, giving importance to their interpretations of the rules that make collective activity possible. The methods include semi-structured interviews, discussions, participant observation and explanation of the phenomena from the actors’ perspectives. Between August 2009 and April 2010, 13 surrogate mothers (SMs), 4 intended parents (IPs) and 2 medical practitioners (MPs) from one clinic in Western India were interviewed.This study reveals that asymmetries of capacity amongst the MPs, SMs, IPs and surrogate agents (SAs) lead to a network of trust and designation of powers through rules, bringing out the relevance of Baier’s conceptualization of asymmetric vulnerability, trust and potential exploitation in human relationships. The IPs are exploited, especially in monetary terms. The SMs are relatively the most exploited, given their vulnerability. Their remuneration through surrogacy is significant for them, and their acquired knowledge as ex-surrogates is used for their own benefit and for exploiting others. Foucault’s conceptualization of power is hence relevant, since the ex-SMs re-invest the power of their exploitative experience in exploiting others.     

Community Psychology and Global Climate Change: Introduction to the Special Section

Global climate change is not just a distant environmental or future problem but a crisis that has a clear human face already causing the suffering of millions around the globe. It is an issue of high relevance for community psychologists and the communities we work with but has received little attention within the field of community psychology. This special section is intended to promote more thinking and dialogue on this important topic. Six articles are presented that feature both theoretical consideration and empirical research related to global climate change and related environmental issues.     

Cosmopolitanism and Global Justice

Philosophical attention to problems about global justice is flourishing in a way it has not in any time in memory. This paper considers some reasons for the rise of interest in the subject and reflects on some dilemmas about the meaning of the idea of the cosmopolitan in reasoning about social institutions, concentrating on the two principal dimensions of global justice, the economic and the political.Opening address of the Mini-Conference on Global Justice, American Philosophical Association Pacific Division, 2004 Annual Meeting, Pasadena, California, March 27, 2004. I am grateful for comments to Darrel Moellendorf and to my copanelists Michael Blake, Kristen Hessler, Jon Mandle, Mathias Risse and Leif Wenar.     

No Justice Without Democracy: A Deliberative Approach to the Global Distribution of Wealth

Abstract

The debate about global distributive justice is characterized by an often stark opposition between universalistic approaches, advocating an egalitarian global redistribution of wealth (Beitz, Pogge, Barry, Tan), and particularistic positions, aiming to justify a restriction of redistribution to the domestic community (D. Miller, R. Miller, Blake, Nagel, Rawls). I argue that an approach starting from the deliberative model of democracy (Habermas) can overcome this opposition. On the one hand, the increasingly global scope of economic interactions implies that the range of individuals concerned with the redistribution of wealth should also be increasingly universal. On the other hand, the need for democratic deliberation refers to the fact that demands of justice should be contextual and should take into account the particular circumstances, needs and values of the people concerned. Both concerns can be realized simultaneously only within a multi‐layered democratic system in which redistribution is a concern at the domestic, the international and the global level.