Life Before Birth

Life Before Birth provides a coherent framework for addressing bioethical issues connected to the moral status of embryos and fetuses. The book explores the conceptual and practical difficulties raised by abortion, prenatal torts, wrongful life, the crime of feticide, substance abuse by pregnant women, compulsory cesareans, assisted reproduction, and stem cell research.

Life Before Birth provides a coherent framework for addressing bioethical issues connected to the moral status of embryos and fetuses. The book explores the conceptual and practical difficulties raised by abortion, prenatal torts, wrongful life, the crime of feticide, substance abuse by pregnant women, compulsory cesareans, assisted reproduction, and stem cell research.

CONTENTS; INTRODUCTION; 1. THE INTEREST VIEW; I. CONSCIOUSNESS AND INTERESTS; IS CONSCIOUSNESS NECESSARY FOR HAVING INTERESTS? /; IS CONSCIOUSNESS SUFFICIENT FOR HAVING INTERESTS?; II. THE INTERESTS OF NONCONSCIOUS INDIVIDUALS; DEAD PEOPLE / PERMANENTLY UNCONSCIOUS PEOPLE / INFANTS WITH ANENCEPHALY; III. FUTURE PEOPLE; THE PARFIT PROBLEM AND THE FARTHER FUTURE; IV. POTENTIAL PEOPLE: EMBRYOS AND FETUSES; 2. ABORTION; I. THE MORAL STANDING OF THE FETUS; THE CONSERVATIVE POSITION/ FETAL SENTIENCE/ IMPLANTATION/ THE PERSON VIEW/ THE RIGHT TO LIFE; II. THE ARGUMENT FROM POTENTIAL; THE LOGICAL PROBLEM/ CONTRACEPTION AND THE MORAL STANDING OF GAMETES; III. THE FUTURE-LIKE-OURS ACCOUNT; IV. IDENTITY; THE EMBODIED MIND ACCOUNT/ THE BIOLOGICAL VIEW/ THE INTEREST VIEW AND THE TRIA/SENTIENT FETUSES; V. POSSIBLE PEOPLE; THE NONIDENTITY PROBLEM; VI. THE ARGUMENT FROM BODILY SELF-DETERMINATION; THOMSON'S DEFENSE OF ABORTION / ROE V. WADE; VII. THE MORAL AND LEGAL SIGNIFICANCE OF VIABILITY; LATE ABORTIONS/ PARTIAL-BIRTH ABORTION; 3. BEYOND ABORTION: THE FETUS IN TORT AND CRIMINAL LAW; I. RECOVERY FOR PRENATAL INJURY IN TORTS; AGAINST THIRD PARTIES / THE IRRELEVANCE OF VIABILITY / PRECONCEPTION TORTS AGAINST THE MOTHER / THE WOMAN'S RIGHT OF PRIVACY / AUTOMOBILE LIABILITY; II. PRENATAL WRONGFUL DEATH; WRONGFUL-DEATH ACTIONS / IMPLICATIONS FOR ABORTION; III. THE CRIMINAL LAW; PRENATAL NEGLECT/ HOMICIDE; IV. WRONGFUL LIFE SUITS; 4. MATERNAL-FETAL CONFLICT; I. MORAL OBLIGATIONS TO THE NOT-YET-BORN; RISKS TO THE FETUS/ LEGAL DRUGS/ ILLEGAL DRUGS; II. PREGNANT WOMEN AND THE LAW; DELIVERING DRUGS THROUGH THE UMBILICAL CORD/CRIMINAL PROSECTUTION FOR CHILD ABUSE OR ENDAGERMENT/CRIMINAL PROSECUTION FOR HOMICIDE/JAILING THE PREGNANT ADDICT/TERMINATON OF PARENTAL RIGHTS/COMULSORY CESAREAN SECTIONS/THE IMPLICATIONS OF ROE V. WADE/MCFALL V. SHRIMPAND THE DUTY TO RESCUE/LESS INVASIVE CASES; 5. ASSISTED REPRODUCTIVE TECHNOLOGY; I. THE SCIENCE OF ART; IN VITRO FERTILIZATION/ HEALTH RISKS TO WOMEN/ HEALTH RISKS TO OFFSPRING; II. PROCREATIVE LIBERTY AND ITS CRITICS; JOHN ROBERTSON/ ADOPTION AND THE RIGHT TO HAVE BIOLOGICALLY RELATED CHILDREN/ CORE VALUES AND PENUMBRAL INTERESTS/ THE INTERESTS OF CHILDREN AND THE NONIDENTITY PROBLEM; III. LIMITS TO PROCREATIVE LIBERTY; POSTMENOPAUSAL MOTHERS/ MULTIPLE BIRTHS/ OCTOMOM; IV. DISPOSITIONAL PROBLEMS; DAVIS V. DAVIS/KASS V. KASS; V. GAMETE DONATION; SPERM DONATION/ EGG DONATION; 6. STEM CELL RESEARCH; I. THE SCIENCE; ADULT STEM CELLS/INDUCED PLURIPOTENT STEM CELLS/CLONING: REPRODUCTIVE V. THERAPEUTIC; II. THE MORAL STANDING OF THE HUMAN EMBRYO; THE TWINNING PROBLEM/ RESPECT FOR EMBRYOS/ KANTIAN RESPECT/ MORAL STANDING V. MORAL VALUE/ THE BASIS FOR ASCRIBING MORAL VALUE TO HUMAN EMBRYOS; III. THE DISCARDED-CREATED DISTINCTION; IV. PAYMENT FOR OOCYTES; V. CHIMERAS, HYBRIDS AND CYBRIDS; VI. LAW AND POLICY IN THE UNITED STATES; CLONING POLICY; VII. LAW AND POLICY IN OTHER COUNTRIES; UNITED NATIONS DECLARATION ON HUMAN CLONING; INDEX