Global surrogacy: exploitation to empowerment

Commercial surrogacy has gone global in the last decade, and India has become the international centre for reproductive tourism, boasting numerous high-quality and low-fee clinics. The growth of the surrogacy industry in India raises serious concerns of global gender justice, in particular whether the option is inordinately enticing for women who lack other remunerable options and whether the conditions are adequate and the compensation fair. In this paper I argue that the moral harm of global commercial surrogacy lies in the exploitative nature of transactions involving unequally vulnerable parties. More specifically, I argue that the practice exploits Indian surrogates on the basis of an inter-contractual failure of both justice and consent. I go on to consider an important objection to my use of exploitation as the relevant conceptual tool of analysis. The ethnographic challenge holds that the exploitation lens Occidentalizes surrogacy by conceptualizing the practice in universalizing terms, thereby eclipsing the particularities of the global surrogate's lived experience. I respond by showing that in fact the exploitation and the ethnographic models are not so at odds as they might seem. Provided we are careful in our use of the former to nuance our analysis by appeal to narrative evidence supplied by the latter, we are thereby best situated to identify and address the moral difficulties generated by commercial surrogacy under conditions of global injustice.     

Disability Rights,Prenatal Diagnosis and Eugenics: A Cross-Cultural View

This paper considers the disability rights critique of genetic testing in the context of different communities and the issue of nondirectiveness. Despite the wide usage of genetic diagnosis in Israel, no public debate has emerged there concerning disability rights and prenatal testing. The common attitude that emerged from interviews with Israeli representatives of organizations “of’’ and “for’’ people with genetic diseases and congenital disabilities can be described as a two-fold view of disability: support of genetic testing during pregnancy, and support of the disabled person after birth. This two-fold view is explained as a secular construction situated in legal, economic and cultural contexts. The paper concludes by considering the implications of the “two-fold view’’ of disability for the profession of genetic counseling. It is argued that awareness of the existence of conflicting views among clients—such as the view of the ‘disability critique’ as well as of the “two-fold view of disability’’—should strengthen the significance of nondirectiveness.     

What’s Human Rights Got to Do with It? On the Proposed Changes to SSHRC Ethics Research Policy

What’s human rights got to do with it? That is, what’s human rights got to do with the June 2004 report of the Social Sciences and Humanities Research Ethics Special Working Committee to the Inter-Agency Advisory Panel on Research Ethics. The disturbing answer is “not enough.” Certain key recommendations of the working committee, it is suggested, would unacceptably weaken the researcher’s legal and moral accountability to research participants. Those particular recommendations rely on misguided references to academic freedom and the nature of the non-medical research context. In fact, universal human rights, and the legal instruments in which they are embodied ought to inform the research endeavor at every stage; from problem selection to analysis and conclusions. This will lead us closer to shared truths rather than simply to the academic elite’s vision of truth. Without sufficient regard for the human rights of research participants academic freedom itself is not possible.     

A utilitarian argument against torture interrogation of terrorists

Following the September 2001 terrorist attacks on the United States, much support for torture interrogation of terrorists has emerged in the public forum, largely based on the “ticking bomb” scenario. Although deontological and virtue ethics provide incisive arguments against torture, they do not speak directly to scientists and government officials responsible for national security in a utilitarian framework. Drawing from criminology, organizational theory, social psychology, the historical record, and my interviews with military professionals, I assess the potential of an official U.S. program of torture interrogation from a practical perspective. The central element of program design is a sound causal model relating input to output. I explore three principal models of how torture interrogation leads to truth: the animal instinct model, the cognitive failure model, and the data processing model. These models show why torture interrogation fails overall as a counterterrorist tactic. They also expose the processes that lead from a precision torture interrogation program to breakdowns in key institutions—health care, biomedical research, police, judiciary, and military. The breakdowns evolve from institutional dynamics that are independent of the original moral rationale. The counterargument, of course, is that in a society destroyed by terrorism there will be nothing to repair. That is why the actual causal mechanism of torture interrogation in curtailing terrorism must be elucidated by utilitarians rather than presumed.     

The ethics of earthquake prediction

Scientists’ responsibility to inform the public about their results may conflict with their responsibility not to cause social disturbance by the communication of these results. A study of the well-known Brady-Spence and Iben Browning earthquake predictions illustrates this conflict in the publication of scientifically unwarranted predictions. Furthermore, a public policy that considers public sensitivity caused by such publications as an opportunity to promote public awareness is ethically problematic from (i) a refined consequentialist point of view that any means cannot be justified by any ends, and (ii) a rights view according to which individuals should never be treated as a mere means to ends. The Parkfield experiment, the so-called paradigm case of cooperation between natural and social scientists and the political authorities in hazard management and risk communication, is also open to similar ethical criticism. For the people in the Parkfield area were not informed that the whole experiment was based on a contested seismological paradigm.     

Introduction: Law and Disobedience

This essay considers some major questions raised by civil and other forms of conscientious disobedience. What distinguishes that form of dissent? Can we recognise the legitimacy of a political system yet defy its laws? Is disobeying a democratic decision especially or entirely unacceptable, or can disobedience be an instrument of democracy? If a regime recognises rights, how should we regard disobedience that appeals to those rights in challenging the regime’s laws? How should reasons for obedience figure in our thinking about justified disobedience? The essay locates the contributions that make up this special issue of Res Publica within these debates about disobedience. It questions whether any general theory of justified disobedience can command agreement: the conditions that give rise to conscientious disobedience -- conflicting values and judgements -- seem to preclude consensus on when its use is justified.     

The role of philosophy in the contemporary abortion debate.

Inspired by Patrick Lee's "A Christian Philosopher's View of Recent Directions in the Abortion Debate," this essay raises the question of how effective philosophical arguments can be in determining the moral status of legalized abortion. On one hand, Christian philosophers have been successful in explaining both the humanity and the personhood of the unborn child, as well as exposing the incoherence of those who would deny the unborn child's humanity or personhood. Nevertheless, in order to confront the pro-abortion position in its most radical form, a much more complex philosophical argument must be given. Following thinkers such as Alasdaire MacIntyre, Christian philosophers must articulate and promote a philosophical position according to which morality is conceived in richer terms than the mere respecting of individual rights. The social dimension of human nature must be rediscovered in order that the happiness and welfare of others becomes a desirable goal in and of itself. According to a morality where individual rights is the bottom line (for example, that of Judith Jarvis Thompson), women very well may have the right to "extricate" themselves from their pregnancy even when doing so will result in the death of their child. What must be explained, therefore, is the more profound insight that social morality is equally concerned with obligations to others, including those who are most helpless and unable to speak for themselves.     

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.     

Human Cloning and Embryo Research: The 2003 John J. Conley Lecture on Medical Ethics

The author, a member of the U.S.President's Council on Bioethics, discussesethical issues raised by human cloning, whetherfor purposes of bringing babies to birth or forresearch purposes. He first argues that everycloned human embryo is a new, distinct, andenduring organism, belonging to the speciesHomo sapiens, and directing its owndevelopment toward maturity. He then distinguishesbetween two types of capacities belonging toindividual organisms belonging to this species,an immediately exerciseable capacity and abasic natural capacity that develops over time. He argues that it is the second type ofcapacity that is the ground for full moralrespect, and that this capacity (and itsconcomitant degree of respect) belongs tocloned human embryos no less than to adulthuman beings. He then considers and rejectscounter-arguments to his position, includingthe suggestion that the capacity of embryos isequivalent to the capacity of somatic cells,that full human rights are afforded only tohuman organisms with functioning brains, thatthe possibility of twinning diminishes themoral status of embryos, that the fact thatpeople do not typically mourn the loss of earlyembryos implies that they have a diminishedmoral status, that the fact that earlyspontaneous abortions occur frequentlydiminishes the moral status of embryos, andthat his arguments depend upon a concept ofensoulment. He concludes that if the moralstatus of cloned human embryos is equivalent tothat of adults, then public policy should bebased upon this assumption.     

病人自主权及其保障条件

病人自主权是病人的基本人权之一,是保障其生存权与健康权的基本条件,也是医学人道主义的重要内容。同时,在医疗活动的权力制衡中,代表病人权利的权力是必不可少的要素之一。因此,病人自主权必须受到充分的尊重。病人自主权要想得到充分的保障,必须以全民的权利意识觉醒为条件,以完善的法制与法治为保障,并要符合健康目的,遵从科学规律。