I argue in this Article that our right to procreate should be balanced against the survival rights of the procreated children and against the right not to suffer an undue burden of those, whether near or far, who share the world with us. I observe that the African environment with its strong cultural values promotes the rapid rate of procreation on the continent and I find in the “best interests of the child principle” the most acceptable means (...) of challenging the status quo with minimum controversy. It is my conclusion that a right to procreate carries with it an inherent duty to act responsibly, and that this should be the basis of a legal framework to regulate procreation and maintain a balance between the right to procreate and the rights of potential children and/or third parties. (shrink)

In this paper I examine the prevailing assumption that there is a right to procreate and question whether there exists a coherent notion of such a right. I argue that we should question any and all procreative activities, not just alternative procreative means and contexts. I suggest that clinging to the assumption of a right to procreate prevents serious scrutiny of reproductive behavior and that, instead of continuing to embrace this assumption, attempts should be made (...) to provide a proper foundation for it. I argue that the focus of procreative activities and discourse on reproductive ethics should be on obligations instead of rights, as rights talk tends to obfuscate recognition of obligations toward others, particularly those who bear the most significant burdens of the procreative process. I examine some possible foundations of a right to procreate as well as John Robertson’s thoughtful account of “procreative liberty” but conclude that at the present time there exists no compelling account of a right to procreate. Finally, I conclude that in the absence of a satisfactory account of a right to procreate, we should refrain from grounding practices or polices on the assumption that there is such a right. (shrink)

Journal of Social Philosophy, EarlyView.

An effectiveness assessment on access criteria for advance fertility treatment funded by the National Health Service, UK, in people who need help to procreate identified serious ethical issues associated with these criteria. The new draft National Institute for Health and Clinical Excellence guidelines on fertility treatment that aims to expand the eligible group of patients is deemed inadequate on the basis that the right to found a family should be accorded to all. Assisted reproductive techniques aim to satisfy (...) a basic human need and therefore should be routine part of the National Health Service. (shrink)

_Procreation, Parenthood, and Educational Rights_ explores important issues at the nexus of two burgeoning areas within moral and social philosophy: procreative ethics and parental rights. Surprisingly, there has been comparatively little scholarly engagement across these subdisciplinary boundaries, despite the fact that parental rights are paradigmatically ascribed to individuals responsible for procreating particular children. This collection thus aims to bring expert practitioners from these literatures into fruitful and innovative dialogue around questions at the intersection of procreation and parenthood. Among these questions (...) are: Must individuals be found competent in order to have the right to procreate or to parent? What, if anything, can justify parents' special authority over, or special obligations toward, their children, particularly children they biologically procreate? How is the relationship between the right to procreate and the right to parent best understood? How ought liberal societies understand the parent-child relationship and the rights and claims it gives rise to? A distinguishing feature of the collection is that several of its chapters address these issues by drawing on philosophical work in the realm of education, one of the most controversial areas in the ethics of parenthood. This book represents a distinctive synthesis of topics and literatures likely to appeal to scholars and advanced students working across a wide range of disciplines. (shrink)

Given the link between over-population and climate change, and the high levels of consumption in affluent societies, several scholars have recently raised scepticism that there is a human right to decide the spacing and number of one’s children, or even that there is a human right to procreate at all. In this chapter, I depart from this philosophical trend and explain why there is a human right to choose to procreate and to have multiple children. (...) I argue that philosophical accounts advocating for limited procreation tend to rely on at least one of three problematic assumptions. These are assumptions about children’s moral status, parental entitlements, and the actual value of the parent-child relationship as compared to other environmentally unfriendly activities. (shrink)

Philosophical defenses of parents’ rights typically appeal to the interests of parents, the interests of children, or some combination of these. Here I propose that at least in the case of biological, non-adoptive parents, these rights have a different normative basis: namely, these rights should be accorded to biological parents because of the compensatory duties such parents owe their children by virtue of having brought them into existence. Inspried by Seana Shiffrin, I argue that procreation inevitably encumbers the wills of (...) children in otherwise morally objectionable ways. Such subjection generates duties to compensate children, even if the child’s life is on balance a benefit to her. The right to procreate is thus conditioned on prospective parent’s willingness to compensate for the harms of procreation. And because parents bear such compensatory duties, they must be accorded permissions (i.e., rights) to fulfill these duties. These rights include familiar exclusionary rights to promote children’s welfare, etc. Moreover, because subjecting children to harms or the risks thereof violates their autonomy, parental duties (and rights) include the provision of education and other goods that enable their subsequent autonomy as adults. Grounding parental rights in compensatory procreative duties avoids problems associated with appeals to the interests of children (e.g., that these interests do not seem to generate exclusive parental rights) or to the interests of parents (e.g., that these interests do not appear strong enough to permit the creation of a new, vulnerable human individual). (shrink)

The status quo on parental licensing in most Western jurisdictions is that licensing is required in the case of adoption but not in the case of assisted or unassisted biological reproduction. To have a child via adoption, one must fulfill licensing requirements, which, beyond the usual home study, can include mandatory participation in parenting classes. One is exempt from these requirements, however, if one has a child via biological reproduction, including assisted reproduction involving donor gametes or a contract pregnancy. In (...) an earlier paper, we challenged this system of parental licensing by showing that arguments in favour of it do not succeed. One argument we failed to consider, however, is that prospective biological parents have a right to reproduce that protects them against the sort of state interference that is involved in parental licensing. According to this argument, because prospective adoptive parents do not exercise a similar right when attempting to become parents, they are not similarly protected. In this paper, we argue that this reproductive rights argument, like other arguments in favour of the status quo on parental licensing, is flawed. We also question whether people in fact have a right to reproduce, and in doing so distinguish this right from others that we think are legitimate, including a right to become a parent and a right to bodily autonomy. (shrink)

Access to surrogacy is often cast in the language of rights. Here, I examine what form such a right could take. I distinguish between surrogacy as a right to assisted procreation, and surrogacy as a contractual right. I find the first interpretation implausible: it would give rise to claims against the state that no state can fulfil, namely the provision of sufficient surrogates to satisfy the need. Instead, I argue that the right to surrogacy can only (...) be plausibly understood as a contractual right. I then investigate two different sets of harms that are often employed to argue against such a contractual interpretation of the right to surrogacy: harm to women's interests in a gendered society, and harm to the sense of self of the surrogate. I assess both of these through the analytical lens of vulnerability. I find neither of them to be convincing arguments against surrogacy contracts. In conclusion, I agree that surrogacy contracts should be carefully regulated, but I disagree with those who call for prohibition of the right to surrogacy as a contractual right. (shrink)

Access to surrogacy is often cast in the language of rights. Here, I examine what form such a right could take. I distinguish between surrogacy as a right to assisted procreation, and surrogacy as a contractual right. I find the first interpretation implausible: it would give rise to claims against the state that no state can fulfil, namely the provision of sufficient surrogates to satisfy the need. Instead, I argue that the right to surrogacy can only (...) be plausibly understood as a contractual right. I then investigate two different sets of harms that are often employed to argue against such a contractual interpretation of the right to surrogacy: harm to women's interests in a gendered society, and harm to the sense of self of the surrogate. I assess both of these through the analytical lens of vulnerability. I find neither of them to be convincing arguments against surrogacy contracts. In conclusion, I agree that surrogacy contracts should be carefully regulated, but I disagree with those who call for prohibition of the right to surrogacy as a contractual right. (shrink)

A compelling argument for the morality of limitations on procreation in lessening the harmful environmental effects of unchecked populationWe live in a world where a burgeoning global population has started to have a major and destructive environmental impact. The results, including climate change and the struggle for limited resources, appear to be inevitable aspects of a difficult future. Mandatory population control might be a possible last resort to combat this problem, but is also a potentially immoral and undesirable violation of (...) human rights. Since so many view procreation as an essential component of the right to personal happiness and autonomy, the dominant view remains that the government does not have the right to impose these restrictions on its own citizens, for the sake of future people who have yet to exist.Sarah Conly is first to make the contentious argument that not only is it wrong to have more than one child in the face of such concerns, we do not even retain the right to do so. In One Child, Conly argues that autonomy and personal rights are not unlimited, especially if one's body may cause harm to anyone, and that the government has a moral obligation to protect both current and future citizens. Conly gives readers a thought-provoking and accessible exposure to the problem of population growth and develops a credible view of what our moral obligations really are, to generations present and future. (shrink)

Individual decisions about how to exercise the legal right to procreative liberty may generate either positive or negative externalities. From within a resource egalitarian perspective, such as that of Ronald Dworkin, it can be argued that procreative justice is asymmetric in the following respect. Justice need not require that parents be subsidised if they produce a public good, yet its ideal achievement may require their activities be taxed if they threaten to produce a public bad.

It is often acknowledged that public policies can constrain people's procreative opportunities, in some cases even infringing their procreative rights. However, a topic that is not often discussed is how the procreative choices of one generation can affect the procreative opportunities of later generations. In this article, we argue that the demographic fact that childbearing above the replacement fertility level is eventually unsustainable supports two constraints on universal procreation rights: a compossibility constraint and an egalitarian constraint. We explore the implications (...) of these two constraints and suggest that there are reasons to think of procreative opportunity as a finite resource that can be distributed more or less equally across generations. We also briefly discuss possible ways of meeting demands of intergenerational justice with respect to procreative opportunity. (shrink)

Kenneth Einar Himma (2009, 2016) argues that the existence of Hell renders procreation impermissible. Jason Marsh (2015) contends that problems of evil motivate anti-natalism. Anti-natalism is principally rejected for its perceived conflict with reproductive rights. I propose a theistic solution to the latter problem. Universalism says that all persons will, postmortem, eventually be eternally housed in Heaven, a superbly good place wherein harm is fully absent. The acceptance of universalism is now widespread, but I offer further reason to embrace one (...) variant of it. If universalism is true and there are opportunities to procreate in Heaven, then reproductive autonomy is largely preserved for everyone. Assuming Heaven is a harm-free place, there are no risks to children born in Heaven, unlike Earth or Hell. While this requires human persons to accept temporary restrictions on procreation during our premortem lives, the bulk of reproductive autonomy is preserved since one will have infinite opportunities to reproduce in Heaven. (shrink)

There are too many people on the planet. This isn’t a popular thing to say, but it’s becoming more and more obvious that it’s true, and that we need to do something to address it. Even in our radically unjust world, where billions of people do not have adequate access to food, water, energy, and other resources, we’re still living unsustainably—overcharging our ecological credit card and torching the climate. But discussing the link between these environmental problems and the population is (...) uncomfortable, because many people believe that procreation is an essentially private act that is morally and politically off-limits. In her new book, One Child, Sarah Conly argues that this belief is false: If... (shrink)

Sarah Conly's One Child is a substantive treatment of the extent to which procreative freedom is curtailed by rising global population and the environmental problems to which it contributes. This review provides an overview of the book's content and closes with a few critical remarks. The book is highly recommended for those interested in the intersection between environmental ethics and the ethics of procreation.

It is widely assumed that people have a moral right to procreate. This article explores recent arguments in opposition to procreation in some or all contexts. Some such views are concerned with the risks and harms of life that procreation imposes on non-consenting children. Others articulate concerns for third parties – the environmental damage or opportunity costs that procreation poses to already existing people. The article then surveys arguments that favor procreation despite the risks to the children created (...) and third parties. The best argument for procreation is based on the significant interest people have in forming the parent–child relationship. An important under-discussed middle ground is suggested – one that avoids the criticisms of the anti-natalist while fulfilling the best aims of procreation – viz. adoption. The duty to adopt is summarized and objections to it considered. Thoughtful people who deeply desire to become parents but do not wish to participate in the range of potential procreative harms should consider adoption as a first choice. (shrink)

This dissertation explores the notion of a right to reproduce in the context of assisted reproductive technologies and argues that there are no good arguments supporting the notion of a genuine, independent right to reproduce. Although it is generally believed to be self-evident that there is a right to reproduce, I question this line of thinking and expose the fact that there is no adequate demonstration of a right to reproduce. Once I point out that there (...) is no adequate basis for a so-called right to reproduce, I proceed to argue that the proper emphasis in reproductive ethics is on obligations toward offspring rather than a so-called right to reproduce. Once the focus shifts to that of obligations toward offspring, it becomes clear that the emphasis on the supposed right to reproduce has resulted in avoidable harm to offspring, instances of morally impermissible procreation, and the rise of a lucrative, morally suspect fertility industry. I argue that it is necessary to take another look at both old-fashioned and assisted procreation under the microscope of obligation in order to point out how the current state of affairs, especially in the ART industry, has gone awry. Ultimately, I show that there should be greater focus on protecting the present and future autonomy of all persons and that this requires greater efforts to educate the public regarding their reproductive responsibility, as well as radical revisions of the ART industry, particularly in the United States. (shrink)

It is an open question when procreation is justified. Antinatalists argue that bringing a new individual into the world is morally wrong, whereas pronatalists say that creating new life is morally good. In between these positions lie attempts to provide conditions for when taking an anti or pronatal stance is appropriate. This paper is concerned with developing one of these attempts, which can be called qualified pronatalism. Qualified pronatalism typically claims that while procreation can be morally permissible, there are constraints (...) on when it is justified. These constraints often concern whether an individual is motivated to procreate for the right reasons. For instance, if someone is not sufficiently concerned with the child’s future welfare, the qualified pronatalist will say that procreation is not justified. Moreover, David Wasserman says that this concern forms a role-based duty. That is, prospective parents have special duties to be concerned for the child’s future welfare by virtue of the role they occupy. In this paper, I argue that a proper examination of a prospective parent’s role-based duties entails that more is needed to justify procreation. Bringing a new person into the world leaves fewer resources for people who already need them, and the current size of the human population is unsustainable from a planetary point of view. Therefore, even if there is nothing wrong with procreation per se, the external condition of overpopulation, and its ensuing public health issues, plausibly gives rise to a role-based duty that prospective parents must account for when deciding whether to procreate. (shrink)

Many contemporary ethical debates turn on claims about the nature and extent of our alleged procreative moral rights: moral rights to procreate or not to procreate as we choose. In this article, I argue that there are no procreative moral rights, in that generally we do not have a distinctive moral right to procreate or not to procreate as we choose. However, interference with our procreative choices usually violates our nonprocreative moral rights, such as our (...) moral rights to bodily autonomy or to privacy. My argument presents hypothetical cases in which a state interferes with a person's procreative choices in order to promote aggregate social welfare, but this interference does not violate any of the person's nonprocreative moral rights. These cases not only undermine frequently made claims that widely recognized nonprocreative moral rights entail procreative moral rights, they also challenge the intuitively plausible claim that interference with our procreative choices as such violates our moral rights. What at first appear to be substantive moral rights are in fact a kind of illusion created by the frequent overlap of other rights, but lacking in substance beyond that overlap. While this argument against the existence of procreative moral rights has substantive implications for ongoing debates in reproductive ethics, I ultimately suggest that it is consistent with a progressive approach to reproductive justice. (shrink)

A book chapter (about 9,000 words, plus references) presenting an act-consequentialist approach to the ethics of climate change. It begins with an overview of act consequentialism, including a description of the view’s principle of rightness (an act is right if and only if it maximizes the good) and a conception of the good focusing on the well-being of sentient creatures and rejecting temporal discounting. Objections to act consequentialism, and replies, are also considered. Next, the chapter briefly suggests that act (...) consequentialism could reasonably be regarded as the default moral theory of climate change, in the sense that a broadly act-consequentialist framework often seems implicit in both scholarly and casual discussions of the ethics of climate change. The remainder of the chapter explores three possible responses to the threat of climate change: having fewer children to reduce the number of people emitting greenhouse gases; taxing greenhouse-gas (GHG) emissions (commonly called a “carbon tax”) to discourage GHG-emitting behavior; and reducing poverty to lessen personal, familial, and community vulnerability to the harms of climate change. (shrink)

The U.S. Supreme Court declared procreation to be a fundamental right in the early twentieth century in a case involving Oklahoma's Habitual Criminal Sterilization Act, an act that permitted unconsented sterilization of individuals convicted of certain crimes. The right that the Court articulated in that case is a negative right: it requires that the government not place unjustified roadblocks in the way of people seeking to procreate, but it does not require the government to take positive (...) steps to help people procreate if they wish to. I argue that a positive legal right is morally necessary in the United States, given the profound significance of procreation, the current barriers to access to care, and the related issues of individual and societal justice. I assume at the outset that the right to procreate should be expansive enough to include a right to noncoital reproduction. The absence of a positive right to procreate reflects not just constitutional tradition but also a governmental and societal commitment to a longstanding set of reproductive hierarchies by which those who fall outside of the traditional framing of family too frequently find their procreative dreams hindered. Reconceiving procreative rights to include a positive right would create greater opportunities to argue and lobby for increased access to technologies that are out of reach for many. (shrink)

Anne Donchin attended graduate school while raising four children, received her doctorate from the University of Texas in 1970, taught for 18 years in Texas and New York, then joined the philosophy department at Indiana University–Purdue University Indianapolis in 1982. Here she developed a Women’s Studies program, specialized and in numerous ways pioneered in feminist bioethics, and won two prestigious grants. She co-edited two books, published some forty articles, and co-founded and co-ordinated The International Network on Feminist Approaches to Bioethics. (...) Before and after retiring she served on the editorial boards of an encyclopedia, several international bioethics collections and nine prestigious journals. Her publications have influenced many scholars here and abroad. At the time of her death she was at work on a book: Procreation, Power and Personal Autonomy: Feminist Reflections, which is now available on IUPUIScholarWorks. Laura Purdy has generously edited, organized, and, where possible, updated the manuscript. (shrink)

Peter Singer has argued that the affluent have very extensive duties to the world’s poor. His argument has some important implications for procreation, most of which have not yet been acknowledged. These implications are explicated in this paper. First, the rich should desist from procreation and instead divert to the poor those resources that would have been used to rear the children that would otherwise have been produced. Second, the poor should desist from procreation because doing so can prevent the (...) very bad things that would otherwise have befallen the children they would have brought into existence. Third, the rich sometimes have a duty to prevent the poor from procreating. Fourth, the rich sometimes have a right to prevent the poor from reproducing. Although these implications may not amount to a categorical prohibition on all procreation, they do significantly restrict the permissibility of procreation. They are, in that sense, anti-natalist. (shrink)

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)

Donald Lee has claimed that of three ethical values, freedom, justice, and security-survival, involved in the effects of population growth on the future and the survival of all human beings, security-survival is the most fundamental. As such, it should have priority over freedom and justice. Based on this hierarchy, Lee draws the conclusion that one does not have the right to unlimited procreation, and that ultimately it is the duty of government to impose limits on population growth. I accept (...) Lee’s argument that personal rights must be balanced by personal responsibility, but I argue that justice is the fundamental ethical principle in this discussion. This is not a trivial distinction, for it leads to two significant conclusions. First, by focusing proper attention on justice, the threat to survival of the race from overpopulation is reduced to reasonable and realistic proportions. Second, and particulady important with regard to Lee’s position, the recognition of the need for justice brings to light the fact that the primary responsibility of government is to address itself to redressing injustice in society, injustice which does pose a very real threat to the survival of mankind. In this context, I argue that under no circumstances should government have the right or the responsibility to enforce limits on procreation. (shrink)

Should involuntarily childless people have the sameopportunities to access parenthood as those who are not involuntarily childless? In the context of assisted reproductive technologies, affirmative answers to this question are often cashed out in terms of positive rights, including rights to third-party reproduction. In this paper, wecritically explore the scope and extent to which any such right would hold up morally. Ultimately, we argue for a departure away from positive parental rights. Instead, we argue that the state has an (...) imperfect duty to benefit involuntarily childless people in relation to their parental aspirations. (shrink)

The wrongful disability problem arises whenever a disability-causing, and therefore (presumptively) wrongful, procreative act is a necessary condition for the existence of a person whose life is otherwise worth living. It is a problem because it seems to involve no harm, and therefore no wrongful treatment, vis-à-vis that person. This essay defends the nonconsequentialist, rights-based, account of the wrong-making features of wrongful disability. It distinguishes between the person-affecting restriction, roughly the idea that wrongdoing is always the wronging of some person, (...) and the harm principle, the idea that all wrongings are harmings. It argues, first, that the harm principle should be rejected, in light of offending intuitions in salient examples. Rejection of the harm principle is not only independently plausible, but also paves the way for a nonconsequentialist diagnosis of wrongful disability. This diagnosis conceives of wrongdoing as a failure to express adequate respect for the humanity or personhood inherent in the person created. The paper defends a theory of humanity-respecting rights that accommodates plausible intuitions about satisficing and fairness, without resorting to consequentialist premises that lead to well-known impossibility results and paradoxes. (shrink)

This book examines the link between population growth and environmental impact and explores the implications of this connection for the ethics of procreation. In light of climate change, species extinctions, and other looming environmental crises, Trevor Hedberg argues that we have a collective moral duty to halt population growth to prevent environmental harms from escalating. This book assesses a variety of policies that could help us meet this moral duty, confronts the conflict between protecting the welfare of future people and (...) upholding procreative freedom, evaluates the ethical dimensions of individual procreative decisions, and sketches the implications of population growth for issues like abortion and immigration. It is not a book of tidy solutions: Hedberg highlights some scenarios where nothing we can do will enable us to avoid treating some people unjustly. In such scenarios, the overall objective is to determine which of our available options will minimize the injustice that occurs. This book will be of great interest to those studying environmental ethics, environmental policy, climate change, sustainability, and population policy. (shrink)

Assess to quality diets is a basic human right. Geographical challenges and cultural traditions have contributed to the widespread malnutrition present among ethnic minorities of mountainous areas in Northwest Vietnam. Home gardens can play a role in increased diet diversity and micronutrient intakes. However, low production yields and plant diversity in ethnic home gardens have limited their contributions to household food security and nutrition. The pilot study tested a home garden intervention in weekly vegetable harvests and increasing household production (...) and consumption of diverse vegetables year-round. Food ethics issues encountered included limited access to quality food by resource-poor groups, conflicts arising from low preference and value given to some nutritious foods, limited access to information and technology for food production and consumption, each of which were addressed in the study design. The intervention includes: (1) nutrition-focused home garden training and (2) locally-adapted home garden packages consisting of garden planning, technical assistance, and high-yielding seed varieties. Twenty households from two ethnic villages in Son La province participated in the study and were randomly assigned into two groups (intervention and non-intervention). The total vegetable supply from weekly harvests of home garden produce was significantly higher in the intervention households (226 kg) compared to the non-intervention households (39 kg). The intervention group yielded 5.8 and 1.7 times more vegetables by weight and weight per area than those without the intervention. The vegetables were mainly consumed at home for both groups, but the intervention households gave more vegetables as gifts to neighbors. The intervention group cultivated a higher diversity of vegetables with a total of 42 different vegetables compared to 24 in the non-intervention group, which is reflected in an overall higher nutritional yield of vitamin A, iron, other micronutrients and phytochemicals. The home garden training significantly improved the amount, diversity and continuity of household food and nutrient supply. The home garden model is effective and could be scaled up to improve household vegetable supply and consumption, particularly in Northwest Vietnam. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

This volume contributes to the growing literature on the morality of procreation and parenting. About half of the chapters take up questions about the morality of bringing children into existence. The other half of the volume considers moral and political questions about adoption and parenting. This collection builds on existing literature by advancing novel perspectives on existing debates. It also raises new issues deserving of our attention.

This study provides a moral justification of the family as a child-bearing and child-rearing institution by arguing that procreation may entitle parents to their children. It begins by observing that the belief that parents have such a right is deeply ingrained in the laws and customs of Western civilization but that at present we have no satisfactory theoretical explanation of this belief; and it further underscores the need for such an explanation by pointing to the conflict between a commitment (...) to equal opportunity and the family. ;Part I first considers the historical arguments philosophers have made on behalf of the family and shows why they fail. It argues that the traditional property argument fails because it interprets parental rights in terms of an absolute property right which is incompatible with the child's rights; that natural affection fails because some parents abuse their children and because adoptive parents may display "natural affection"; and that the best interest of the child fails because it cannot provide parents with a unique claim to their children. ;It then develops the property argument in a new and fruitful way. By replacing the traditional concept of an absolute property right with the modern "bundle of rights" analysis of property, it provides a means of analyzing parental rights in a way that prohibits abuse and is therefore compatible with the child's basic rights. Finally, it examines entitlement theory and argues that, since procreation satisfies its conditions, parents who adequately care for their children are entitled to them. ;Part II examines the nature of the parental entitlement claim. It argues for the rights necessary for paternalistic agency, interprets them according to a standard analysis of ownership, and concludes that a parental right to rear the child according to parental values is consistent with the child's rights. Next it argues that, in excluding others, parents incur a special obligation to do as much as they reasonably can for their child. And finally, it places things in a historical context, argues against an interpretation of parental obligation in terms of needs, and shows how the theory might work in practice. (shrink)

The central argument of this article is that kufa kwa jongololo nkhusiya mphete, a concept that is used to encourage procreation amongst the Sena people of Nsanje District in Malawi, is a dehumanising concept for the barren men and women, in the context of HIV and AIDS and gender justice, where men and women need concepts that affirm life in all its fullness. The study uses feminist cultural hermeneutics as a tool to analyse dehumanising cultural practices, through the examination of (...) three Sena cultural practices.Contribution: The study also questions the methodology used to engage indigenous knowledge, a methodology that denies traditional communities the right to maintain secrecy on some treasured indigenous practices. At the same time, the article argues that no protection should be afforded to indigenous practices that dehumanise the lives of people on the margins of power. (shrink)

Do children have a right to be loved? An affirmative answer faces two immediate challenges: (i) a child's basic needs can be met without love, therefore a defence of such a right cannot appeal to the role of love in protecting children's most basic needs, and (ii) since love is non-voluntary, it seems that there cannot be a corresponding duty on the part of parents to love their child. In this essay, I defend an affirmative answer that overcomes (...) both of these challenges. First, I argue that the right of children to be loved is grounded in the value of children leading meaningful lives. Second, I argue that the right of children to be loved gives rise to a duty on the part of the state to do all that it legitimately can to ensure that procreation and parenting follows from a truly voluntary decision on the part of its citizens. -/- . (shrink)

Travis Rieder's Toward a Small Family Ethic confronts the effects of population growth and addresses what individual procreative obligations might follow from it. In this review, I summarize the main arguments that Rieder deploys to defend his position that those with large ecological footprints morally ought to follow a small family ethic. I express sympathy with some of his claims and praise the book's accessibility, but its short length inevitably means that some important issues are omitted or given only superficial (...) treatment. I highlight a few of those issues at the end of the review. (shrink)