Results for 'Wrongful Life'

966 found
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  1. Wrongful life: Paradoxes in the morality of causing people to exist.Jeff McMahan - 1998 - In Jules L. Coleman & Christopher W. Morris (eds.), Rational Commitment and Social Justice: Essays for Gregory Kavka. New York: Cambridge University Press. pp. 208--47.
  2. Wrongful Life and the Counterfactual Element in Harming.Joel Feinberg - 1986 - Social Philosophy and Policy 4 (1):145.
    I shall be concerned in this paper with some philosophical puzzles raised by so-called “wrongful life” suits. These legal actions are obviously of great interest to lawyers and physicians, but philosophers might have a kind of professional interest in them too, since in a remarkably large number of them, judges have complained that the issues are too abstruse for the courts and belong more properly to philosophers and theologians. The issues that elicit this judicial frustration are those that (...)
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  3.  16
    Wrongful Life and Wrongful Birth.Tracey Phelan - 2002 - Chisholm Health Ethics Bulletin 7 (4):10.
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  4. Wrongful life and wrongful birth: legal aspects of failed genetic testing in oocyte donation.Kristen N. Carey & James McCartney - 2005 - Penn Bioethics Journal 1 (1):2.
     
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  5. Living Wrong Life Rightly: Modernism, Ethics and the Political Imagination.Ben Ware - 2017 - London, UK: Palgrave.
    In this groundbreaking new study, Ben Ware carries out a bold reassessment of the relationship between modernism and ethics, arguing that modernist literature and philosophy offer more than simply a snapshot of the moral conflicts of the past: they provide a crucial point of reference for today’s emancipatory struggles. Modernism in this assessment is characterized not only by a concern with language and aesthetic creativity, but also by a preoccupation with the question of how to live. Investigating ethical ideas in (...)
     
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  6. Wrongful Life Claims and Negligent Selection of Gametes or Embryos in Infertility Treatments: A Quest for Coherence.Noam Gur - 2014 - Journal of Law and Medicine 22:426-441.
    This article discusses an anomaly in the English law of reproductive liability: that is, an inconsistency between the law’s approach to wrongful life claims and its approach to cases of negligent selection of gametes or embryos in infertility treatments (the selection cases). The article begins with an account of the legal position, which brings into view the relevant inconsistency: while the law treats wrongful life claims as non- actionable, it recognises a cause of action in the (...)
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  7. The wrongful life dilemma: an update.Robert H. Blank - forthcoming - Bioethics Reporter.
     
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  8. Wrongful Life and Abortion.Jeremy Williams - 2010 - Res Publica 16 (4):351-366.
    According to theories of wrongful life (WL), the imposition upon a child of an existence of poor quality can constitute an act of harming, and a violation of the child’s rights. The idea that there can be WLs may seem intuitively compelling. But, as this paper argues, liberals who commit themselves to WL theories may have to compromise some of their other beliefs. For they will thereby become committed to the claim that some women are under a stringent (...)
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  9.  75
    Wrongful Life, Wrongful Disability, and the Argument against Cloning.David K. Chan - 2007 - Journal of Philosophical Research 32 (9999):257-272.
    Philosophical problems with the concept of wronging someone in bringing the person into existence, especially the non-identity problem, have been much discussed in connection with forms of assisted reproduction that carry risks of harms either greater than or not otherwise present in natural reproduction. In this essay, I discuss the meaning of claims of wrongful life, distinguishing them from claims of wrongful disability. Attempts to conceptualize wrongful disability in terms of either the harmed existence of the (...)
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  10. 'Wrongful life' lawsuits for faulty genetic counselling: should the impaired newborn be entitled to sue?A. Shapira - 1998 - Journal of Medical Ethics 24 (6):369-375.
    A "wrongful life" suit is based on the purported tortious liability of a genetic counsellor towards an infant with hereditary defects, with the latter asserting that he or she would not have been born at all if not for the counsellor's negligence. This negligence allegedly lies in the failure on the part of the defendant adequately to advice the parents or to conduct properly the relevant testing and thereby prevent the child's conception or birth. This paper will offer (...)
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  11. From Wrongful Life to Wrongful Identity. A Solution of a Hard Case.David Heyd - 2001 - Jahrbuch für Recht Und Ethik 9.
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  12. Living Wrong Life Rightly: Kant avec Marx.Ben Ware - 2016 - Key Words 13.
     
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  13.  82
    Wrongful Life, Suicide, and Euthanasia.Jakob Elster - 2007 - Journal of Philosophical Research 32 (9999):273-282.
    Wrongful life” claims are made by persons born with a disease to the effect that they should not have been born. I ask whether we can say that if someone claims that he would have been better off if he were not born, he would be better off if he died. I examine the relationship between the following propositions:(1) It would have been better for me if I were not born.(2) My life (as a whole) is not (...)
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  14. Wrongful life.David Archard - 2004 - Philosophy 79 (3):403-420.
    I argue that it is wrong deliberately to bring into existence an individual whose life we can reasonably expect will be of very poor quality. The individual's life would on balance be worth living but would nevertheless fall below a certain threshold. Additionally the prospective parents are unable to have any other child who would enjoy a better existence. Against the claims of John Harris and John Robertson I argue that deliberately to conceive such a child would not (...)
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  15. Wrongful Life, Procreative Responsibility, and the Significance of Harm.Seana Shiffrin - 1999 - Legal Theory 5 (2):117-148.
  16.  40
    Are Wrongful Life Actions Threatening the Value of Human Life?Vera Lúcia Raposo - 2017 - Journal of Bioethical Inquiry 14 (3):339-345.
    Most courts around the world have been refusing wrongful life actions. The main argument invoked is that the supposed compensable injury cannot be classified as such, since life is always a blessing no matter how hard and painful it is.In opposition to mainstream scholars and the dominant case law, this article sustains that life must be distinguished from living conditions, the former being the real injury at stake, since some living conditions are so intolerable that in (...)
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  17.  51
    Wrongful life: some of the problems.A. N. Liu - 1987 - Journal of Medical Ethics 13 (2):69-73.
    The author considers that some of the reasonings used by both the American and English courts against recognising a wrongful life claim are far from persuasive. However, there may indeed be strong public policy reasons against judicial recognition of such a claim. If judicial remedy is not possible for children in wrongful life situations, society ought to assist them in the alleviation of some of the practical problems caused by deformities.
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  18.  50
    Wrongful birth” und ”wrongful life”. Probleme der rechtlichen Bewältigung ärztlicher Pflichtverletzung bei der menschlichen Reproduktion.Bernhard Losch & Wiltrud Christine Radau - 2000 - Ethik in der Medizin 12 (1):30-43.
    Definition of the problem: The medical progress made in human reproduction and prenatal diagnosis is having an increasing effect on the responsibility of doctors concerning reproduction and birth. A faulty diagnosis or professional error is causing lawyers to be confronted with difficulties in which ethical views are involved. It is becoming clear that there will be difficulties if the courts have to rule on the question whether the doctor is under an obligation to pay maintenance following the birth of an (...)
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  19. Wrongful Life and Procreative Decisions.Bonnie Steinbock - 2009 - In David Wasserman & Melinda Roberts (eds.), Harming Future Persons: Ethics, Genetics and the Nonidentity Problem. Springer. pp. 155--178.
  20.  35
    A Critique of a 'Wrongful Life' Lawsuit in Korea.Young-Rhan Um - 2000 - Nursing Ethics 7 (3):250-261.
    This article reports and analyses a ‘wrongful life’ lawsuit brought against a genetic counsellor who failed to refer a woman for prenatal genetic testing despite her pleas to do so; this resulted in the wrongful birth of a child with a genetic abnormality. As a result of negligence, the mother did not have a termination and the baby was born. This is an event that reveals the troublesome nature of prenatal genetic testing applications in medical practice in (...)
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  21. The uncomfortable truth about wrongful life cases.Hyunseop Kim - 2013 - Philosophical Studies 164 (3):623-641.
    Our ambivalent attitudes toward the notion of ‘a life worth living’ present a philosophical puzzle: Why are we of two minds about the birth of a severely disabled child? Is the child’s life worth living or not worth living? Between these two apparently incompatible evaluative judgments, which is true? If one judgment is true and the other false, what makes us continue to find both evaluations appealing? Indeed, how can we manage to hold these inconsistent judgments simultaneously at (...)
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  22. Legal regulations in the face of the development of new techniques of controlling procreation: an analysis of the wrongful life claim.Marta Soniewicka - 2009 - Diametros:137-159.
    The article concerns the claim of a handicapped child for having come into the world in a harmed state, called the wrongful life claim. The article first presents an analysis of the legal construction of a claim, which has to do with such aspects as the subject of the relationship of restitution and the legal conditions for restitution, including the problem of the legal protection of the good of the child, the cause and effect relationship, and the harm. (...)
     
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  23.  40
    The Logical Case for “Wrongful Life”.Bonnie Steinbock - 1986 - Hastings Center Report 16 (2):15-20.
    Suits that claim that a child would be better off never having been born often founder on conceptual and logical dilemmas. However, the correct interpretation of “wrongful life” does not require a comparison between existence and nonexistence. The New Jersey Supreme Court's decision in the Procanik case to limit damages to extraordinary medical expenses, barring recovery for pain and suffering, is a reasonable resolution.
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  24.  33
    Wrongful Life and the Human Embryo.James J. Delaney - 2008 - The National Catholic Bioethics Quarterly 8 (4):655-662.
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  25.  55
    Wrongful Life” Reloaded: Logical empiricism’s philosophy of biology 1934-1936 (Prague/Paris/Copenhagen).Gereon Wolters - 2018 - Philosophia Scientiae 22:233-255.
    I give a revision (“reload”) of an earlier paper on logico-empiricism’s philosophy of biology by checking its central theses against the background of the international conferences of Prague (1934), Paris (1935), and Copenhagen (1936), so important for the development of logical empiricism and its spread in the western world. My theses are that logical empiricism did not contribute in the same way to the development of philosophy of biology, as it did e.g. to the development of philosophy of mathematics or (...)
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  26.  37
    'Wrongful life' claims.R. Gillon - 1998 - Journal of Medical Ethics 24 (6):363-364.
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  27.  40
    Disability, Wrongful-Life Lawsuits, and Human Difference.Maria Michela Marzano-Parisoli - 2001 - Social Theory and Practice 27 (4):637-659.
  28.  33
    Wrongful Life? Its Problems Are Not Just Semantic: A Reply to Furrow.Sheila Taub - 1982 - Journal of Law, Medicine and Ethics 10 (6):208-215.
  29.  48
    Can claims for `wrongful life' be justified?G. E. Jones & C. Perry - 1983 - Journal of Medical Ethics 9 (3):162-174.
    The authors reject arguments by Professor Joseph Fletcher (author of Situation Ethics) that in some circumstances parents may be held responsible for producing genetically defective offspring, but offer arguments of their own for the same conclusion. Their arguments could, they suggest, justify `wrongful life' claims by the genetically defective infant against the mother. While researching this paper both authors were postdoctoral fellows in medical ethics in the Program on Human Values and Ethics at the University of Tennessee Center (...)
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  30.  59
    What is wrong with 'wrongful life' cases?Barry M. Loewer - 1985 - Journal of Medicine and Philosophy 10 (2):127-146.
    torts raise a number of interesting and perplexing philosophical issues. In a suit for ‘wrongful life’, the plaintiff (usually an infant) brings an action (usually against a physician) claiming that some negligent action has caused the plaintiff's life, say by not informing the parents of the likely prospect that their child would be born with severe defects. The most perplexing feature of this is that the plaintiff is claiming that he would have been better off if he (...)
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  31.  68
    Does the rejection of wrongful life claims rely on a conceptual error?P. M. Muriithi - 2011 - Journal of Medical Ethics 37 (7):433-436.
    There are four major arguments raised against wrongful life claims: first, that it is impossible to establish harm in wrongful life claims; second, that wrongful life claims are illogical or incoherent; third, that life is inviolable and sacred no matter the quality; and fourth, that there are no rights and duties towards non-existent persons. In this paper, I will examine and evaluate critically the first two arguments. I will reject these objections against (...) life claims and demonstrate that they rely on a conceptual error/mistake. In doing so, I will reject the logic of comparing existence with non-existence in wrongful life claims. Instead, I will maintain that recognition of the infant's cause of action and recognition of the infant's harmed condition need not imply any preference for non-existence over existence, and it need not to be so severe as to make life not worth living. I will conclude by briefly giving an account of what seems to me to be the right conception of what it is to be harmed. (shrink)
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  32.  15
    Can there be wrongful life at the end of life? German courts revisit an old problem in a new context.Ulrich Pfeifer & Ruth Horn - 2020 - Journal of Medical Ethics 46 (5):348-350.
    This article discusses a recent ruling by the German Federal Court concerning medical professional liability due to potentially unlawful clinically assisted nutrition and hydration at the end of life. This case raises important ethical and legal questions regarding a third person’s right to judge the value of another person’s life and the concept of ‘wrongful life’. In our brief report, we discuss the concepts of the ‘value of life’ and wrongful life, which were (...)
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  33. The ascription of rights in wrongful life suits.Nancy S. Jecker - 1987 - Law and Philosophy 6 (2):149-165.
    Wrongful life is an action brought by a defective child who sues to recover for pecuniary or emotional damages suffered as a result of being conceived or born with deformities. In such cases, plaintiff alleges that the negligence of a responsible third party,1 such as physician, hospital, or medical laboratory, is the proximate cause of plaintiff's being born or conceived and thus being compelled to suffer the debilitating effects of a deformity. The child does not sue to recover (...)
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  34. The Wrong of Wrongful Life.David Benatar - 2000 - American Philosophical Quarterly 37 (2):175 - 183.
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  35.  8
    The modern condition: essays at century's end.Dennis Hume Wrong - 1998 - Stanford, Calif.: Stanford University Press.
    In this collection, a leading sociologist brings his distinctive method of social criticism to bear on some of the most significant ideas, political and social events, and thinkers of the late twentieth century. In the first section, the author examines several concepts that have figured prominently in recent political-ideological controversies: capitalism, rationality, totalitarianism, power, alienation, left and right, and cultural relativism/ multiculturalism. He considers their origins, historical shifts in their meaning and the myths surrounding them, and their resonance beyond their (...)
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  36.  16
    Aconselhamento genético e responsabilidade civil: as ações por concepção indevida (wrongful conception), nascimento indevido (wrongful birth) e vida indevida (wrongful life).Iara Antunes de Souza - 2014 - Belo Horizonte: Arraes Editores.
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  37.  8
    Modernism, ethics and the political imagination: living wrong life rightly.Ben Ware - 2017 - London, United Kingdom: Palgrave MacMillan.
    In this groundbreaking new study, Ben Ware carries out a bold reassessment of the relationship between modernism and ethics, arguing that modernist literature and philosophy offer more than simply a snapshot of the moral conflicts of the past: they provide a crucial point of reference for today's emancipatory struggles. Modernism in this assessment is characterized not only by a concern with language and aesthetic creativity, but also by a preoccupation with the question of how to live. Investigating ethical ideas in (...)
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  38.  29
    The Causes of "Wrongful Life" Suits: Ruminations on the Diffusion of Medical Technologies.Barry R. Furrow - 1982 - Journal of Law, Medicine and Ethics 10 (1):11-14.
  39. Regulacje prawne wobec rozwoju nowoczesnych technik kontroli prokreacji: analiza roszczenia wrongful life.Marta Soniewicka, Janina Suchorzewska & Krzysztof Marczewski - 2009 - Diametros 19:137-159.
     
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  40.  23
    Can claims for 'wrongful life' be justified?Gary E. Jones - 1983 - Journal of Medical Ethics 9 (3):162.
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  41.  29
    A Critique of a 'Wrongful Life' Lawsuit in Korea.Y.-R. Um - 2000 - Nursing Ethics 7 (3):250-261.
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  42.  26
    Medical Paternity and 'Wrongful Life'.Paul Ramsey - 1980 - Hastings Center Report 10 (1):4-4.
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  43.  21
    (1 other version)Adorno’s Wrong Life Claim and the Concept of Despair.Tom Whyman - 2016 - Hegel Bulletin:1-20.
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  44. Is it possible to live a right life in a wrong life? -Adorno's critique of Kant's view of freedom and the moral imperative.Huitong Zhou - manuscript
    This article discusses a crucial question through an analysis of Adorno's critique of Kant's moral philosophy: can human beings live a good life? Kant optimistically argues that human beings as rational beings have transcendental freedom and can autonomously formulate and follow universal moral laws without any empirical conditions. Therefore, human beings can always act morally and live a good life. Adorno, on the other hand, argues that there is no right life in a wrong life. Adorno, (...)
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  45.  39
    Do our actions make any difference in wrong life?: Adorno on moral facts and moral dilemmas.Christian Skirke - 2008 - Philosophy and Social Criticism 34 (7):737-758.
    Adorno's moral philosophy has often been accused of making aporetic prescriptions that are too taxing for moral agents. In this article, I defend his approach in terms of a theory of moral dilemmas. My guideline is Adorno's famous sentence that wrong life cannot be lived rightly. I argue that this claim is not distinctly prescriptive, as most of Adorno's critics believe, but is a claim about moral reality. Emphasizing realist aspects of his moral theory, I suggest that wrong (...) is neither inconceivable nor an amoral or skeptical trope. Instead, Adorno's sentence about wrong life can be interpreted as a claim about the salience of particular moral facts. This, I conclude, allows Adorno to envisage moral reasons that motivate moral conduct case by case, although they are blocked overall. (shrink)
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  46.  16
    Assigning and Empowering Moral Decision Making: Acuna v. Turkish and Wrongful Birth and Wrongful Life Jurisprudence in New Jersey.Carmel Shachar - 2008 - Journal of Law, Medicine and Ethics 36 (1):193-196.
    The New Jersey Supreme Court has continually avoided making moral judgments about the value of life and emphasized that such decision making should be the province of the potential parents. Recently, in Acuna v. Turkish, the court elaborated on the limitations of the decision-making right of the potential parents, and its decision demonstrated that New Jersey courts were only willing to require physicians to disclose all relevant medical information, and not moral statements that had not been agreed upon by (...)
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  47.  90
    The concept of harm reconceived: A different look at wrongful life[REVIEW]E. Haavi Morreim - 1988 - Law and Philosophy 7 (1):3 - 33.
    In wrongful life litigation a congenitally impaired child brings suit against those, usually physicians, whose negligence caused him to be born into his suffering existence. A key conceptual question is whether we can predicate harm in such cases. While a few courts have permitted it, many courts deny that we can, and thus have refused these children standing to sue. In this article the author examines the wrongful life cases and literature enroute to a broader consideration (...)
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  48. Index to Volume Fifty-Six.Wim De Reu & Right Words Seem Wrong - 2006 - Philosophy East and West 56 (4):709-714.
    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 : (...)
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  49.  67
    Temkin's essentially comparative view, wrongful life and the mere addition paradox.M. A. Roberts - 2014 - Analysis 74 (2):306-326.
  50. Is it wrong to impose the Harms of human life? A reply to Benatar.David DeGrazia - 2010 - Theoretical Medicine and Bioethics 31 (4):317-331.
    Might it be morally wrong to procreate? David Benatar answers affirmatively in Better Never to Have Been , arguing that coming into existence is always a great harm. I counter this view in several ways. First, I argue against Benatar’s asserted asymmetry between harm and benefit—which would support the claim that any amount of harm in a human life would make it not worth starting—while questioning the significance of his distinction between a life worth starting and one worth (...)
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