Does the rejection of wrongful life claims rely on a conceptual error?
There are four major arguments raised against wrongful life claims: first, that it is impossible to establish harm in wrongful life claims; second, that wrongful life claims are illogical or incoherent; third, that life is inviolable and sacred no matter the quality; and fourth, that there are no ri...
| Main Author: | |
|---|---|
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
|
| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
BMJ Publ.
2011
|
| In: |
Journal of medical ethics
Year: 2011, Volume: 37, Issue: 7, Pages: 433-436 |
| Online Access: |
Volltext (JSTOR) Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Summary: | There are four major arguments raised against wrongful life claims: first, that it is impossible to establish harm in wrongful life claims; second, that wrongful life claims are illogical or incoherent; third, that life is inviolable and sacred no matter the quality; and fourth, that there are no rights and duties towards non-existent persons. In this paper, I will examine and evaluate critically the first two arguments. I will reject these objections against wrongful life claims and demonstrate that they rely on a conceptual error/mistake. In doing so, I will reject the logic of comparing existence with non-existence in wrongful life claims. Instead, I will maintain that recognition of the infant's cause of action and recognition of the infant's harmed condition need not imply any preference for non-existence over existence, and it need not to be so severe as to make life not worth living. I will conclude by briefly giving an account of what seems to me to be the right conception of what it is to be harmed. |
|---|---|
| ISSN: | 1473-4257 |
| Contains: | Enthalten in: Journal of medical ethics
|
| Persistent identifiers: | DOI: 10.1136/jme.2010.042051 |