Anna Smajdor’s proposal of whole body gestational donation (WBGD) states that female patients diagnosed as brain-dead should be considered for use as gestational donors. In this response, Smajdor’s proposal is rejected on four different accounts: (a) the debated acceptability of surrogacy despite women's autonomy, (b) the harm to dead women ́s interests, (c) the interests of the descendants, and (d) the symbolic value of the body and interests of relatives. The first part argues that WBGD rests on a particular conception (...) of the instrumentalization of bodies that cannot be circumvented simply by the patient’s consent and relinquished autonomy. The second part argues the importance of avoiding any harm to dead women’s interests. The third part identifies the importance of the interest of the foetus in the light of Procreative-Beneficence principle that Smajdor overlooks. And finally, the fourth part considers the symbolic value of the human body and the interest of relatives. The main goal of this commentary is not to show that WBGD cannot be implemented; rather, it is to show that there are not any good arguments in favour of doing so. (shrink)

In her controversial paper, Anna Smajdor proposes that brain-dead people could be used as gestation units for prospective parents unable or unwilling to undertake the act themselves—what she terms whole body gestational donation (WBGD). She explores the ethical issues of such an idea and, comparing it with traditional organ donation, asserts that such deceased surrogacy could be a way of outsourcing pregnancy’s harms to a populace unable to be affected by them. She argues that if the prospect is unacceptable, this (...) may reveal some underlying problems with traditional cadaveric organ donation. Smajdor’s analysis, however, overlooks several problems arising from WBGD. This paper provides an account of those issues and argues that, in addition to WBGD being viscerally unpleasant, it is also ethically unviable. The paper starts by providing an account of WBGD before acknowledging its negative response within traditional and social media. After arguing that such cursory and gut reactions are insufficient to reject the proposal outright, this paper then provides three concerns regarding WBGD omitted by Smajdor: (i) the co-opting of life-saving organs for reproduction, (ii) the discrepancy between using cadaveric organs to save a life versus creating one, and (iii) the universalization of feminist concerns regarding reproductive body commodification. The paper concludes by tentatively agreeing with Smajdor that considering WBGD may help reveal vulnerable assumptions regarding organ donation and surrogacy, but that the significant ethical issues raised may prove insurmountable and make the intervention—thought experiment or otherwise—untenable. (shrink)

In a thought-provoking article – or how she herself named it, ‘a thought experiment’ – the philosopher-medical ethicist Anna Smajdor analyzed in this journal the idea of whole-body gestational donation (WBGD) in brain-dead female patients, as an alternative means of gestation for prospective women who cannot or prefer not to become pregnant themselves. We have serious legal, economical, medical and ethical concerns about this proposal. First, consent for eight months of ICU treatment can never be assumed to be derived from (...) consent for post-mortem organ donation; these two are of an incomparable and entirely different medical and ethical order. Moreover, the brain-dead woman is very likely to be medically unfit for high-tech surrogacy and the brain-dead state poses a high risk for deficient embryo/fetal development. Second, from a scarcity perspective, occupying an ICU bed for eight months appears to be unjust. The costs for eight months of ICU treatment are far too high compared to the costs of surrogacy for a living, selected, and healthy woman. Neither insurance companies nor prospective parents will want to pay these exceptionally high costs for a dead woman if a living surrogate mother can be hired for a considerably lower amount. Third, there is an increased risk for harm of the child to be in WBGD. And finally, WBGD risks violating the brain-dead woman’s dignity and harming the interests of her loved ones. In short, there is simply no need for brain-dead women as surrogates. (shrink)

This commentary addresses the proposal and argumentative line presented in the paper ‘Whole Body Gestational Donation’ (WBGD) by Anna Smajdor (2023), published as an intended ‘outrageous argument’ in a dedicated special issue of Theoretical Medicine and Bioethics. We believe that the paper is fatally flawed due to its lack of engagement with relevant approaches in ethics and essential sources in health sciences as well as its insufficient, superficial, and rash argumentation. Its critical weaknesses include, among others, that it does not (...) take any explicit ethical stance, it does not consider the societal impacts of its premise, and it hastily assumes a large degree of equivalency between WBGD and the usual organ donations. These scholarly flaws are made worse by the fact that the paper is not merely an academic thought experiment but contains important policy change proposals. As a consequence, the paper feeds into more general and systemic worries about the suitability of philosophy for public policy. (shrink)

In my paper recently published in a collection of controversial arguments in this journal, I argued that the same principles that are behind ethical veganism also warrant antinatalist conclusions. I thus suggested that to be consistent in their ethical reasoning, moral vegans should not have children. William Bülow has kindly responded to my claims and offered a plausible reply, which, according to him, concludes that at least some moral vegans may resist antinatalism. In this short paper, I reply to Bülow.

This article discusses the use of Bayes’ Theorem in medical diagnosis with a view to examining the epistemological problems of interpreting the concept of pre-test probability value. It is generally maintained that pre-test probability values are determined subjectively. Accordingly, this paper investigates three main philosophical interpretations of probability (the “classic” one, based on the principle of non-sufficient reason, the frequentist one, and the personalistic one). This study argues that using Bayes’ Theorem in medical diagnosis does not require accepting the radical (...) personalistic interpretation. It will be shown that what distinguishes radical and moderate personalist interpretations is the criterion of conditional inter-subjectivity which applies only to the moderate account of personalist interpretation. (shrink)

‘Shared’ decision-making is heralded as the gold standard of how medical decisions should be reached, yet how does one ‘share’ a decision when any attempt to do so will undermine _autonomous_ decision-making? And what exactly is being shared? While some authors have described parallels in literature, philosophical examination of shared agency remains largely uninvestigated as an explanation in bioethics. In the following, shared decision-making will be explained as occurring when a group, generally comprised of a patient and or their family, (...) and the medical team become a genuine intentional subject which acts as a collective agent. Collective agency can better explain how some medical decisions are reached, contrary to the traditional understanding and operationalization of ‘autonomy’ in bioethics. Paradoxically, this often occurs in the setting of high-stakes moral decision-making, where conventional wisdom would suggest individuals would _most_ want to exercise autonomous action according to their personally held values and beliefs. This explication of shared decision-making suggests a social ontology ought to inform or displace significant aspects of autonomy as construed in bioethics. It will be argued that joint commitments are a fundamental part of human life, informing and explaining much human behavior, and thus suggesting that autonomy - conceived of as discrete, individuated moral reasoning of a singular moral agent - is not an unalloyed ‘good.’. (shrink)

Transhumanism aims to bring about radical human enhancement. In ‘Truly Human Enhancement’ Agar (2014) provides a strong argument against producing radically enhancing effects in agents. This leaves the transhumanist in a quandary—how to achieve radical enhancement whilst avoiding the problem of radically enhancing effects? This paper aims to show that transhumanism can overcome the worries of radically enhancing effects by instead pursuing radical human enhancement via incremental moderate human enhancements (Weak Transhumanism). In this sense, weak transhumanism is much like traditional (...) transhumanism in its aims, but starkly different in its execution. This version of transhumanism is weaker given the limitations brought about by having to avoid radically enhancing effects. I consider numerous objections to weak transhumanism and conclude that the account survives each one. This paper’s proposal of ‘weak transhumanism’ has the upshot of providing a way out of the ‘problem of radically enhancing effects’ for the transhumanist, but this comes at a cost—the restrictive process involved in applying multiple moderate enhancements in order to achieve radical enhancement will most likely be dissatisfying for the transhumanist, however, it is, I contend, the best option available. (shrink)

With its rise in popularity, work in the phenomenology of medicine has also attracted its fair share of criticism. One such criticism maintains that, since the phenomenology of medicine does nothing but describe the experience of illness, it offers nothing one cannot obtain more easily by deploying simpler qualitative research methods. Fredrik Svenaeus has pushed back against this charge, insisting that the phenomenology of medicine not only describes but also _defines_ illness. Although I agree with Svenaeus’s claim that the phenomenology (...) of medicine does more than merely describe what it is like to be ill, once one acknowledges its more far-reaching theoretical aspirations, one sees that it faces an even more difficult set of objections. Taking a cue from recent work by Rebecca Kukla, Russell Powell, and Eric Scarffe, I argue that the phenomenology of medicine could answer these objections by developing an institutional definition of illness. This not only allows the phenomenology of medicine to answer its critics, but it does so in a way that preserves its major achievements and extends its reach within the philosophy of medicine. (shrink)

The aim of this paper is to enhance doctors’ awareness of implicit understandings between doctors and patients in the context of pre-operative communication of risks. This paper draws on insights from the philosophy of language – in particular pragmatic analysis tools – that make explicit the implicit understandings of the interaction. Mastering not only _what is said_ but also _what is unsaid_ allows doctors to improve their communication with their patients. I suggest that being aware of the implications of the (...) interactions is useful for improving both the doctor’s and the patient’s experience, further strengthening the therapeutic alliance. In this article I analyze actual cases involving pre-operative evaluation before cardiac surgery from a philosophy of language perspective. The paper is structured as follows: a description of the relevant philosophy of language tools that I will apply; an overview of the risk-communication context; an explanation of the link between “the implicit dimension” and trust, addressing whether the doctor needs to convey the whole truth; and the analysis of real cases. In conclusion, I re-emphasize the importance of implicit meanings during risk communication. (shrink)

In a recent article, Tyler Tate argues that the suffering of children — especially children with severe cognitive impairments — should be regarded as the antithesis of flourishing, where flourishing is relative to one’s individual characteristics and essentially involves receiving care from others. Although initially persuasive, Tate’s theory is ambiguous in several ways, leading to significant conceptual problems. By identifying flourishing with receiving care, Tate raises questions about the importance of care that he does not address, giving rise to a (...) bootstrapping problem. By making flourishing relative to an individual’s circumstances, Tate is forced to confront questions about exactly how relative it can be, suggesting the possibility that, on his view, to flourish is simply to be however one is. In an attempt to surmount these problems, I offer a revision and restatement of Tate’s view that defines the relationship between individualized flourishing and the more conventional, species-relative concept, and describe more clearly the role that care should play with respect to flourishing — one that is instrumental and not merely constitutive. Even this restated view, however, fails to answer difficult questions about how one should respond to the medical needs of some children, highlighting the fact that a conceptual analysis of suffering may do little, in the end, to untangle ethical dilemmas in the care of severely ill children. (shrink)

Is moral or other regret for abortion an indicator that abortion may not be morally or prudentially choice worthy? This paper examines the work of Kate Greasley in this area, who offers an explanation of any asymmetry in openness to regret between women who have abortions and women who give birth. The latter, not unlike Derek Parfit’s 14-year-old who conceives deliberately, may feel duty-bound not to regret their decision (in their case, to continue their pregnancy) and to affirm the life (...) of their child. In response to Greasley, testimonial evidence of one group cannot be dismissed simply because regret may be less available to another group of decision-makers. Moreover, if moral regret for childbearing is uncommon, this is not because mothers have a moral duty, as Greasley argues, not to regret even a morally mistaken choice to conceive. On the contrary, one must separate the evaluation of choices and of the results of these choices, whether positive or negative. Regret, while not infallible, can elucidate values at stake in choices, and testimonial evidence in the form of regret should be taken more seriously in regard to certain kinds of choice. (shrink)

The Human Condition is neither a well-defined nor well-described concept—nevertheless, it is generally agreed that human sexuality is a fundamental and constituent part of it. For most able-bodied persons, accessing and expressing one's sexuality is a (relatively) trouble-free process. However, many disabled persons experience difficulty in accessing their sexuality, while others experience such significant barriers that they are often precluded from sexual citizenship altogether. Recognising the barriers to the sexual citizenship of disabled persons, the concept of a Welfare-Funded Sex Doula (...) Program has been advanced — a program specifically aimed at meeting the various (and often complex) sexual needs of disabled people. Below we show how that program can be justified within at least two different moral frameworks, the capabilities approach and liberal utilitarianism, and consider and repudiate arguments against it. (shrink)

The article examines five controversial views, expressed in Jonathan Swift’s _A Modest Proposal_, Helga Kuhse and Peter Singer’s _Should the Baby Live? The Problem of Handicapped Infants_, Alberto Giubilini and Francesca Minerva’s “After-birth abortion: why should the baby live?”, Julian Savulescu’s “Procreative beneficence: why we should select the best children”, and the author’s “A rational cure for prereproductive stress syndrome”. These views have similarities and differences on five levels: the grievances they raise, the proposals they make, the justifications they explicitly (...) use, the justifications they implicitly rely on, and the criticisms that they have encountered. A comparison of these similarities and differences produces two findings. First, some controversial views based on utilitarian considerations would probably fare better flipped upside down and presented as Juvenalian satires. Secondly, a modicum of humor or modesty could help presenters of controversial views to stir polite critical discussion on the themes that they put forward. (shrink)

Papers in philosophical bioethics often discuss unrealistic scenarios and defend controversial views. Why is that, and what is this kind of work good for? My aim in the first part of this paper is to specify how philosophical bioethics relates to other types of work in bioethics, and to explain the role of the unrealistic scenarios and the controversial views. In the second part, I propose three strategies for doing research in philosophical bioethics that makes a valuable contribution to the (...) bioethics community at large. (shrink)

Ethical vegans and vegetarians believe that it is seriously immoral to bring into existence animals whose lives would be miserable. In this paper, I will discuss whether such a belief also leads to the conclusion that it is seriously immoral to bring human beings into existence. I will argue that vegans should abstain from having children since they believe that unnecessary suffering should be avoided. After all, humans will suffer in life, and having children is not necessary for a good (...) life. Thus vegans, and probably vegetarians as well, should not have children. I will consider several objections against this controversial claim, show why the objections fail and conclude that it would be best for ethical vegans to abstain from procreation. (shrink)

It is argued that the emergence of controversial views in discussions of theoretical medicine and bioethics is best explained by the assumption of moral realism within those discursive practices. Neither of the main alternatives of realism in contemporary meta-ethics — moral expressivism and anti-realism — can account for the rise of controversies in the bioethical debate. This argument draws from the contemporary expressivist or anti-representationalist pragmatism as advanced by Richard Rorty and Huw Price, as well as the pragmatist scientific realism (...) and fallibilism of the founder of pragmatism, Charles S. Peirce. In accordance with the fallibilist view, it is proposed that presenting controversial positions may serve epistemic purposes within bioethical debates, providing opportunities for inquiry by pointing towards problems to be solved and arguments and evidence for and against to be put forward. (shrink)

Whole body gestational donation offers an alternative means of gestation for prospective parents who wish to have children but cannot, or prefer not to, gestate. It seems plausible that some people would be prepared to consider donating their whole bodies for gestational purposes just as some people donate parts of their bodies for organ donation. We already know that pregnancies can be successfully carried to term in brain-dead women. There is no obvious medical reason why initiating such pregnancies would not (...) be possible. In this paper, I explore the ethics of whole-body gestational donation. I consider a number of potential counter-arguments, including the fact that such donations are not life-saving and that they may reify the female reproductive body. I suggest if we are happy to accept organ donation in general, the issues raised by whole-body gestational donation are differences of degree rather than substantive new concerns. In addition, I identify some intriguing possibilities, including the use of male bodies–perhaps thereby circumventing some potential feminist objections. (shrink)