David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Social Philosophy and Policy 4 (1):145 (1986)
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 require the application to border-line cases of such philosophically interesting concepts as acting, causing, and the one that especially interests me, harming. I first became interested in the concept of harming in my work on the moral limits of the criminal law, where I had to come to terms with John Stuart Mill's famous “harm principle”–the principle that it is always a good reason in support of a criminal prohibition, indeed, the only legitimate reason, that it will prevent harm to persons other than the actor. I could not very well criticize that principle until I decided what the word “harm” must mean in its formulation. I gave what I took to be the requisite analysis of harm in my book Harm to Others. Here I wish to improve that analysis, examine its implications for civil as well as criminal liability, and test it on conceptually hard cases, especially cases of prenatal harming, that is, cases in which the wrongful causative conduct occurs before the victim's birth, and the harmed state that is its upshot consists in being born in an impaired condition
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Robert Sparrow (2015). Imposing Genetic Diversity. American Journal of Bioethics 15 (6):2-10.
Dominic James Wilkinson (2011). A Life Worth Giving? The Threshold for Permissible Withdrawal of Life Support From Disabled Newborn Infants. American Journal of Bioethics 11 (2):20 - 32.
Seana Valentine Shiffrin (2012). Harm and Its Moral Significance. Legal Theory 18 (3):357-398.
David DeGrazia (2010). Is It Wrong to Impose the Harms of Human Life? A Reply to Benatar. Theoretical Medicine and Bioethics 31 (4):317-331.
Anthony Wrigley (2012). Harm to Future Persons: Non-Identity Problems and Counterpart Solutions. Ethical Theory and Moral Practice 15 (2):175-190.
Similar books and articles
David K. Chan (2007). Wrongful Life, Wrongful Disability, and the Argument Against Cloning. Journal of Philosophical Research 32 (Supplement):257-272.
Nancy S. Jecker (1987). The Ascription of Rights in Wrongful Life Suits. Law and Philosophy 6 (2):149-165.
Eric M. Cave (2009). Unsavory Seduction. Ethical Theory and Moral Practice 12 (3):235 - 245.
Barry M. Loewer (1985). What is Wrong with 'Wrongful Life' Cases? Journal of Medicine and Philosophy 10 (2):127-146.
Jeremy Williams (2010). Wrongful Life and Abortion. Res Publica 16 (4):351-366.
Gerhard Seher (2014). Comment on Andreas von Hirsch: The Roles of Harm and Wrongdoing in Criminalisation Theory. Criminal Law and Philosophy 8 (1):257-264.
E. Haavi Morreim (1988). The Concept of Harm Reconceived: A Different Look at Wrongful Life. [REVIEW] Law and Philosophy 7 (1):3 - 33.
M. A. Roberts (2009). What is the Wrong of Wrongful Disability? From Chance to Choice to Harms to Persons. Law and Philosophy 28 (1):1 - 57.
Ron McClamrock (1994). When Is Birth Unfair to the Child? Hastings Center Report 24 (6):15-21.
Bonnie Steinbock & Ron McClamrock (1994). When Is Birth Unfair to the Child? Hastings Center Report 24 (6):15-21.
Jakob Elster (2007). Wrongful Life, Suicide, and Euthanasia. Journal of Philosophical Research 32 (Supplement):273-282.
Jonathan Schonsheck (1987). Wrongful Threats, Wrongful Intentions, and Moral Judgements About Nuclear Weapons Policies. The Monist 70 (3):330-356.
David Archard, You Have Full Text Access to This contentInformed Consent: Autonomy and Self-Ownership.
Y.-R. Um (2000). A Critique of a 'Wrongful Life' Lawsuit in Korea. Nursing Ethics 7 (3):250-261.
A. N. Liu (1987). Wrongful Life: Some of the Problems. Journal of Medical Ethics 13 (2):69-73.
Added to index2010-08-31
Total downloads220 ( #11,515 of 1,793,093 )
Recent downloads (6 months)24 ( #31,472 of 1,793,093 )
How can I increase my downloads?