David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 7 (1):3 - 33 (1988)
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 of harm. This literature, and philosophical discussions of harm generally, rely on a definition which ascribes harm by comparing an individual's current condition with that in which he would otherwise have been, but for the allegedly harmful event. The author shows this definition to be conceptually and morally flawed. A superior general definition is offered which, when then applied to wrongful life cases, shows that we can easily ascribe harm in these cases and can find clear potential for tort liability.
|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
Joel Feinberg (1984). The Moral Limits of the Criminal Law. Oxford University Press.
E. Haavi Morreim (1983). Conception and the Concept of Harm. Journal of Medicine and Philosophy 8 (2):137-158.
Bonnie Steinbock & Ron McClamrock (1994). When Is Birth Unfair to the Child? Hastings Center Report 24 (6):15-21.
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.
Mianna Lotz (2011). Rethinking Procreation: Why It Matters Why We Have Children. Journal of Applied Philosophy 28 (2):105-121.
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.
Barry M. Loewer (1985). What is Wrong with 'Wrongful Life' Cases? Journal of Medicine and Philosophy 10 (2):127-146.
Nancy S. Jecker (1987). The Ascription of Rights in Wrongful Life Suits. Law and Philosophy 6 (2):149 - 165.
Samuel C. Rickless (2011). The Moral Status of Enabling Harm. Pacific Philosophical Quarterly 92 (1):66-86.
Added to index2009-01-28
Total downloads31 ( #61,937 of 1,168,878 )
Recent downloads (6 months)1 ( #140,419 of 1,168,878 )
How can I increase my downloads?