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Thinking about possible people: a comment on Tooley and Rachels.

Most people believe it would be wrong to bring a child into the world if in all likelihood its life would be miserable. But if pain and suffering count against bringing someone into existence, why do pleasure and happiness not count in favour of bringing them into existence? Recently in this journal Michael Tooley has re-affirmed his rights-based explanation for this asymmetry. In a nutshell: to create an individual whose life is not worth living would be to wrong that individual--to create an obligation that cannot be fulfilled--but it is not possible to wrong an individual who is not brought into existence. In the same issue of this journal, in an article covering a range of arguments for and against the claim that it would be good for additional people to exist, Stuart Rachels objects to Tooley's account on the ground that it has counterintuitive implications. His most interesting argument involves a Parfit-style counterexample: a woman is about to take a fertility pill that will result in twins, one of whom will be healthy and the other of whom will not. Does it make a difference, morally speaking, if the woman knows which of the twins will be healthy and which will not? In this paper I argue that both Rachels' criticism of Tooley's rights-based account, and Tooley's own defence of it, are unsuccessful due to their failure to come to grips with the semantics of names for possible individuals. Both of them implicitly assume that it is possible to have a potential person in mind, in a way that misleads them about the fairness of actions that involve possible people. The significance of this extends to other areas such as abortion, population policy, and embryo experimentation, where examples involving possible people are common.

Persons with Disabilities↗

Reply to Harris.

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Cellular Senescence↗

The ethics of life expectancy.

Some ethical dilemmas in health care, such as over the use of age as a criterion of patient selection, appeal to the notion of life expectancy. However, some features of this concept have not been discussed. Here I look in turn at two aspects: one positive--our expectation of further life--and the other negative--the loss of potential life brought about by death. The most common method of determining this loss, by counting only the period of time between death and some particular age, implies that those who die at ages not far from that one are regarded as losing very little potential life, while those who die at greater ages are regarded as losing none at all. This approach has methodological advantages but ethical disadvantages, in that it fails to correspond to our strong belief that anyone who dies is losing some period of life that he or she would otherwise have had. The normative role of life expectancy expressed in the 'fair innings' attitude arises from a particular historical situation: not the increase of life expectancy in modern societies, but a related narrowing in the distribution of projected life spans. Since life expectancy is really a representation of existing patterns of mortality, which in turn are determined by many influences, including the present allocation of health resources, it should not be taken as a prediction, and still less as a statement of entitlement.

Age Factors↗

The claim from adoption.

In this article several justifications of what I call 'the claim from adoption' are examined. The claim from adoption is that, instead of expending resources on bringing new children into the world using reproductive technology and then caring for these children, we ought to devote these resources to the adoption and care of existing destitute children. Arguments trading on the idea that resources should be directed to adoption instead of assisted reproduction because already existing people can benefit from such a use of resources whereas we cannot benefit individuals by bringing them into existence are rejected. It is then argued that a utilitarian argument proposed by Christian Munthe that supports the claim from adoption in some situations should be rejected because the support it offers does not extend to certain situations in which it seems morally obvious that resources should be expended on adoption rather than assisted reproduction. A version of the Priority View improves upon Munthe's utilitarianism by supporting the claim from adoption in the cases in which Munthe's argument failed. Some allegedly counterintuitive implications of the Priority View are then discussed, and it is concluded that the Priority View is more plausible than utilitarianism. In a concluding section on policy issues it is argued that, even though the claim from adoption can be justified in a variety of situations, it does not follow that, in these situations, governments should direct resources away from assisted reproduction and towards adoption.

Adoption↗

Germ-line engineering, freedom, and future generations.

New technologies in germ-line engineering have raised many questions about obligations to future generations. In this article, I focus on the importance of increasing freedom and the equality of freedom for present and future generations, because these two ideals are necessary for a just society and because they are most threatened by the wide-scale privatisation of GLE technologies. However, there are ambiguities in applying these ideals to the issue of genetic technologies. I argue that Amartya Sen's capability theory can be used as a framework to ensure freedom and equality in the use of GLE technology. Capability theory articulates the goal of equalising real freedom by bringing all people up to a threshold of basic human capabilities. Sen's capability theory can clarify the proper moral goal of GLE insofar as this technology could be used to bring people up to certain basic human capabilities, thereby increasing their real freedom. And by increasing the freedom of those who lack basic human capabilities, GLE can aid in decreasing the inequalities of freedom among classes of people.

Ethical Analysis↗

Two claims about potential human beings.

It seems that at conception something is formed which, due to its genetic make-up, has the potentiality to develop into a full-blown human being. Many believe that in virtue of this potentiality, this organism, the human zygote or early embryo, has in instrinsic value which makes it wrong to use or produce it merely as a means to some end, e.g., some scientific end such as to produce embryonic stem cells. Against this it is here argued, first, that it does not follow from the fact that something has a potential to become a (fully developed) human being that it already is a human being (in a rudimentary sense). In fact, a human being begins to exist no earlier than a couple of weeks after conception, at the stage known as gastrulation. Thus, even granted the questionable assumption that something has instrinsic value in virtue of being a human being, the zygote will not have intrinsic value. Secondly, the value an embryo has in virtue of its potentiality to become a full-blown human being can only be instrumental, a value as a means. But of course it cannot be wrong to treat that which has merely instrumental value as a mere means or instrument to some end.

Beginning of Human Life↗

Voluntary euthanasia: a utilitarian perspective.

Belgium legalised voluntary euthanasia in 2002, thus ending the long isolation of the Netherlands as the only country in which doctors could openly give lethal injections to patients who have requested help in dying. Meanwhile in Oregon, in the United States, doctors may prescribe drugs for terminally ill patients, who can use them to end their life--if they are able to swallow and digest them. But despite President Bush's oft-repeated statements that his philosophy is to 'trust individuals to make the right decisions' and his opposition to 'distant bureaucracies', his administration is doing its best to prevent Oregonians acting in accordance with a law that its voters have twice ratified. The situation regarding voluntary euthanasia around the world is therefore very much in flux. This essay reviews ethical arguments regarding voluntary euthanasia and physician-assisted suicide from a utilitarian perspective. I shall begin by asking why it is normally wrong to kill an innocent person, and whether these reasons apply to aiding a person who, when rational and competent, asks to be killed or given the means to commit suicide. Then I shall consider more specific utilitarian arguments for and against permitting voluntary euthanasia.

Belgium↗

Against the golden rule argument against abortion.

R.M. Hare and Harry J. Gensler have each argued that abortion can be shown to be immoral by appealing to a version of the golden rule. I argue that both versions of the golden rule argument against abortion should be rejected: each rests on a version of the golden rule which is objectionable on independent grounds, each is unable to support its conclusion when the rule is satisfactorily modified, and each is unable to avoid the implication that contraception is as wrong as abortion and for the same reason. In addition, some further problems particular to each position are identified.

Abortion, Induced↗

How to argue against active euthanasia.

Most arguments against active euthanasia, as do most arguments in applied ethics generally, take place within the framework of what can broadly be referred to as a modern, as opposed to an ancient, approach to moral theory. In this paper, I argue that this fact works to the disadvantage of opponents of active euthanasia, and that if there is a successful argument against active euthanasia, it will be of the latter sort. In Part I, I attempt to clarify the distinction between modern and ancient approaches with which I am concerned. In Part II, I attempt to show that any argument against active euthanasia that is of the first sort is bound to fail. In Part III, I propose an argument against active euthanasia of the second sort that I believe has a better chance for success. In Part IV, I consider some objections that can be raised against this argument and attempt to show how they can be overcome.

Ethical Analysis↗

Consequentialism and the slippery slope: a response to Clark.

Michael Clark has recently argued that the slippery slope argument against voluntary euthanasia is 'entirely consequentialist' and that its use to justify continued prohibition of voluntary euthanasia involves a failure to treat patients who request assistance in ending their lives as ends in themselves. This article argues that in fact the slippery slope is consistent with most forms of deontology, and that it need not involve any violation of the principle that people should be treated as ends, depending upon how that principle is construed. It is concluded that supporters of voluntary euthanasia cannot dismiss the slippery slope argument on the basis of deontological principles but must take seriously the consequences that it postulates and engage in factual argument about their likely extent and about the likely effectiveness of any proposed safeguards.

Ethical Theory↗

Two kinds of potentiality: a critique of McGinn on the ethics of abortion.

In Moral Literacy, or How to Do the Right Thing, Colin McGinn proposes a consequentialist solution to the abortion dilemma. McGinn interprets moral rights and moral interests as attributable only to actually sentient beings by virtue of their ability to experience pleasure or pain. McGinn argues against the moral rights of potentially conscious human fetuses, on the grounds that the unjoined ova and spermatoza of any fertile men and women are also potentially sentient, but we do not generally suppose that unjoined human genetic germ plasm has moral rights. I argue that McGinn's reply equivocates between two different senses of 'potential sentience.' I distinguish between strong and weak potentiality, or between naturally probably potentiality and merely logically possible potentiality. I agree that it is reasonable to deny that a weak or merely logically possible potentially sentient fetus that would result from any unjoined ovum and sperm has a moral right to life. But I claim that this fact does not diminish the plausibility of extending a moral right or potential moral right to life to a naturally probable potentially sentient fetus, which we have good reason to believe will actually become sentient in the natural course of things if nothing is done to prevent its normal development. I conclude that it is not merely the potentiality, but the strong potentiality of a healthy, normally developing fetus that is soon to acquire sentience, moral interests, and, on McGinn's own terms, a moral right to life, that continues to sustain the abortion controversy, even among those who also want respect a woman's right to reproductive self-determination.

Abortion, Induced↗

"Are you my mommy?" On the genetic basis of parenthood.

What exactly is it that makes someone a parent? Many people hold that parenthood is grounded, in the first instance, in the natural derivation of one person's genetic constitution from the genetic constitution of others. We refer to this view as "Geneticism". In Part I we distinguish three forms of geneticism on the basis of whether they hold that direct genetic derivation is sufficient, necessary, or both sufficient and necessary, for parenthood. (Call these 'Sufficiency', 'Necessity', and 'Strong' Geneticism, respectively.) Part I also explores the relationship between geneticism and the debate over surrogacy. Parts two through four examine three arguments for geneticism: the Property argument, the Causal argument, and the Parity argument. We conclude that none of these arguments succeeds. The failure of positive arguments for a view cannot demonstrate that the view is false; however, in light of our arguments we provisionally conclude that 'Strong' and 'Necessity' Geneticism are unacceptable. Our arguments do not undermine 'Sufficiency' Geneticism, so this thesis is considerably more promising than the others. But sufficiency geneticism is also compatible with a much more pluralistic account of the nature of parenthood.

Adult↗

Gamete donation and parental responsibility.

Unlike surrogacy and cloning, reproduction via gamete donation is widely assumed to be morally unproblematic. Recently, a number of authors have argued that this assumption is mistaken: gamete donors, they claim, have parental responsibilities that they typically treat too lightly. In this paper I argue that the 'parental neglect' case against gamete donation fails. I begin by examining and rejecting the view that gamete donors have parental responsibilities; I claim that none of the current accounts of parenthood provides good reason for ascribing parenthood to gamete donors. I then argue that even if gamete donors do have parental responsibilities for 'their' children, it is not clear that they treat these responsibilities too lightly. I conclude the paper by examining the wider question of just what kind of responsibilities gamete donors might have towards the children that they have a role in creating.

Directed Tissue Donation↗

Reproductive autonomy rights and genetic disenhancement: sidestepping the argument from backhanded benefit.

John Robertson has famously argued that the right to reproductive autonomy is exceedingly broad in scope. That is, as long as a particular reproductive preference such as having a deaf child is "determinative" of the decision to reproduce then such preferences fall under the protective rubric of reproductive autonomy rights. Importantly, the deafness in question does not constitute a harm to the child thereby wrought since unless the child could be born deaf he or she would otherwise never have existed--his or her prospective parents would simply have chosen to abort. As such, for this child, being born deaf counts as a benefit, albeit of the "backhanded" variety, since the only other practical alternative is nonexistence. In what follows, I want to investigate this argument in detail. The target of my investigation will be the possible future use of gene therapy technology to "disenhance" one's offspring. I intend to show that the apparently unlimited right to reproductive autonomy, that is, the right to choose both the quantity and qualities of future offspring, entailed by the argument from backhanded benefit can in fact be "sidestepped" through considering what sorts of reproductive practices we as a society ought to allow.

Child↗