David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Medicine and Philosophy 10 (2):127-146 (1985)
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 had never been born. A number of arguments have appeared which purport to show that ‘wrongful life’ claims should not be allowed, either because it is senseless to claim that one would be better off if one had not existed or that it is impossible to assess the extent to which someone has been damaged by being brought into existence. In our paper we rebut these arguments and suggest a procedure for determining damages in ‘wrongful life cases’. Keywords: ‘wrongful life’, ‘wrongful birth’, negligence, impaired existence, assessing damage * Professor Bell would like to express appreciation to the National Endowment for the Humanites for affording her the opportunity at an NEH Summer Seminar to do most of the background work for the preparation of this manuscript, and to the South Carolina Committee for the Humanities for funding that aided in continued work on this topic. CiteULike Connotea Del.icio.us What's this?
|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
No citations found.
Similar books and articles
David Benatar (2000). The Wrong of Wrongful Life. American Philosophical Quarterly 37 (2):175 - 183.
Bonnie Steinbock & Ron McClamrock (1994). When Is Birth Unfair to the Child? Hastings Center Report 24 (6):15-21.
David Archard (2004). Wrongful Life. Philosophy 79 (3):403-420.
Ron McClamrock (1994). When Is Birth Unfair to the Child? Hastings Center Report 24 (6):15-21.
David K. Chan (2007). Wrongful Life, Wrongful Disability, and the Argument Against Cloning. Journal of Philosophical Research 32 (Supplement):257-272.
Jakob Elster (2007). Wrongful Life, Suicide, and Euthanasia. Journal of Philosophical Research 32 (Supplement):273-282.
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.
Nora K. Bell & Barry M. Loewer (1985). What Is Wrong With 'Wrongful Life' Cases? Journal of Medicine and Philosophy 10 (May):127-146.
E. Haavi Morreim (1988). The Concept of Harm Reconceived: A Different Look at Wrongful Life. [REVIEW] Law and Philosophy 7 (1):3 - 33.
Nancy S. Jecker (1987). The Ascription of Rights in Wrongful Life Suits. Law and Philosophy 6 (2):149 - 165.
Added to index2010-08-16
Total downloads18 ( #141,475 of 1,699,833 )
Recent downloads (6 months)1 ( #362,609 of 1,699,833 )
How can I increase my downloads?