Constitution and Common Law in Bioethics

Bioethics 15 (5-6):485-490 (2001)
  Copy   BIBTEX

Abstract

The use of rights based arguments to justify claims that donor offspring should have access to information identifying their gamete donor has become increasingly widespread. In this paper, I do not intend to revisit the debate about the validity of such rights. Rather, the purpose is to examine the way that such alleged rights have been implemented by those legislatures that have allowed access to identifying information. I will argue that serious inconsistencies exist between the claim that donor offspring have a right to know the identity of their gamete donor and the way such a right is currently met in practice. I hope to show that in systems where non‐anonymous donation is practised, an understanding of the proclaimed right of donor offspring to know their genetic identity is one composed of two different rights – the right to know the circumstances of their conception and the right to information identifying the gamete donor – can provide important insights into this important area of public policy.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,610

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Is Natural Law a Border Concept Between Judaism and Christianity?David Novak - 2004 - Journal of Religious Ethics 32 (2):237-254.
Constitutionalism: philosophical foundations.Larry Alexander (ed.) - 1998 - New York: Cambridge University Press.
Bentham and the common law tradition.Gerald J. Postema (ed.) - 1986 - New York: Oxford University Press.
Law as a leap of faith: essays on law in general.John Gardner - 2012 - Oxford, U.K.: Oxford University Press.
Against Originalism: Getting over the U. S. constitution.Austin W. Bramwell - 2004 - Critical Review: A Journal of Politics and Society 16 (4):431-453.
Constitutional identity.Gary J. Jacobsohn - 2010 - Cambridge, Mass.: Harvard University Press.

Analytics

Added to PP
2010-09-01

Downloads
16 (#901,303)

6 months
2 (#1,187,206)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references