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1.
Some commentators maintain that gestational surrogates are not ‘mothers’ in a way capable of grounding a claim to motherhood. These commentators find that the practices that constitute motherhood do not extend to gestational surrogates. We argue that gestational surrogates should be construed as mothers of the children they bear, even if they fully intend to surrender those children at birth to the care of others. These women stand in a certain relationship to the expected children: they live in changed moral circumstances by reason of their pregnancy, and they engage in the practices said to define motherhood in the post-birth context. By contrast, ovum donors and embryo donors are not similarly ‘mothers’ because they do not find themselves involved in these circumstances. Not all women involved in three-parent in vitro fertilization qualify as mothers either. Given this analysis of mothering, we note that transmen who gestate children are engaged in mothering activity even if they otherwise function as a father to those children. By itself, this defence of the maternity of gestational surrogates does not confer moral title to the children they bear; gestation would not by itself override the contractual arrangements gestational surrogates have made regarding the disposition of their children. This interpretation of gestational surrogates as mothers does, however, undercut cultural understandings of these women as mere ‘vessels’, devoid of entitlement to respect as persons and parents. We also consider the meaning of mothering for ‘brain-dead’ women kept alive to give birth and for the prospect of extracorporeal gestation.  相似文献   

2.
A diagnosis of fetal abnormality presents parents with a difficult – even tragic – moral dilemma. Where this diagnosis is made in the context of surrogate motherhood there is an added difficulty, namely that it is not obvious who should be involved in making decisions about abortion, for the person who would normally have the right to decide – the pregnant woman – does not intend to raise the child. This raises the question: To what extent, if at all, should the intended parents be involved in decision‐making? In commercial surrogacy it is thought that as part of the contractual agreement the intended parents acquire the right to make this decision. By contrast, in altruistic surrogacy the pregnant woman retains the right to make these decisions, but the intended parents are free to decide not to adopt the child. We argue that both these strategies are morally unsound, and that the problems encountered serve to highlight more fundamental defects within the commercial and altruistic models, as well as in the legal and institutional frameworks that support them. We argue in favour of the professional model, which acknowledges the rights and responsibilities of both parties and provides a legal and institutional framework that supports good decision‐making. In particular, the professional model acknowledges the surrogate's right to decide whether to undergo an abortion, and the intended parents' obligation to accept legal custody of the child. While not solving all the problems that arise in surrogacy, the model provides a framework that supports good decision‐making.  相似文献   

3.
Wilkinson S 《Bioethics》2003,17(2):169-187
This paper discusses the exploitation argument against commercial surrogacy: the claim that commercial surrogacy is morally objectionable because it is exploitative. The following questions are addressed. First, what exactly does the exploitation argument amount to? Second, is commercial surrogacy in fact exploitative? Third, if it were exploitative, would this provide a sufficient reason to prohibit (or otherwise legislatively discourage) it? The focus throughout is on the exploitation of paid surrogates, although it is noted that other parties (e.g. ‘commissioning parents’) may also be the victims of exploitation. It is argued that there are good reasons for believing that commercial surrogacy is often exploitative. However, even if we accept this, the exploitation argument for prohibiting (or otherwise legislatively discouraging) commercial surrogacy remains quite weak. One reason for this is that prohibition may well ‘backfire’ and lead to potential surrogates having to do other things that are more exploitative and/or more harmful than paid surrogacy. It is concluded therefore that those who oppose exploitation should (rather than attempting to stop particular practices like commercial surrogacy) concentrate on: (a) improving the conditions under which paid surrogates ‘work’; and (b) changing the background conditions (in particular, the unequal distribution of power and wealth) which generate exploitative relationships.  相似文献   

4.
Reuven Brandt 《Bioethics》2016,30(8):618-627
In this article I examine a recent approach to regulating assisted reproduction, whereby use of some kind of medical intervention ‘triggers’ laws governing legal parenthood that are more favourable to intending parents and sperm providers. I argue that although perhaps an improvement on the previous legal framework, these laws are problematic for three important reasons. First, they are prone to violating parental rights and unjustly imposing substantial burdens on individuals. Second, they are discriminatory. Third, even if we take a pragmatic approach to the question of parenthood in these cases, these laws fail to properly consider the welfare interests of children. Finally, I conclude by showing that my argument does not entail adopting a laissez‐fair attitude to conception using third‐party sperm.  相似文献   

5.
The article explores a popular volunteer movement in Thailand and its connection to Buddhist morality and contemporary Thai politics. The article argues that volunteering in Thailand is often conceived of as a gift in various ways: as a form of dana or selfless giving; a gift from ‘good people’ to those defined as ‘in need’ in society and a gift to the Thai nation as a whole. Indeed, when volunteering is said to be a gift to the Thai nation, it is not necessarily because of its ability to redistribute resources, but because of its perceived ability to cultivate moral values and ‘good people’ for the Thai nation. The paper explores the implications that stem from presenting volunteering as a gift, with a strong emphasis on morality and ‘good people’, and how this popular discourse on volunteering may contribute to the maintenance of political status quo in Thailand, particularly in the context of the ongoing political struggles in recent years.  相似文献   

6.
Alexandra Kent 《Ethnos》2013,78(1):43-62
This paper examines how a Hindu revitalisation movement addresses the modernisation in Malaysia. Modernisation entails material development and nation-building, but also the weakening of the authority of religious institutions and the internalisation of faith. The following of the Indian guru, Sathya Sai Baba, is largely urban-based, attracting many Indian business people, scientists and professionals. The paper elaborates theoretical debate on the gift, pioneered by Marcel Mauss, and explores how ‘contractual’ and ‘sacrificial’ religious giving is articulated within this movement in a way that reconciles spirituality with modernity. This articulation enables devotees to bid for a position as the custodians of morality within a modern, ethnically plural society, in which the elite of the Indian minority is marginalised in several respects.  相似文献   

7.
JASON K.M. HANNA 《Bioethics》2010,24(7):341-347
Many critics of commercial surrogate motherhood argue that it violates the rights of children. In this paper, I respond to several versions of this objection. The most common version claims that surrogacy involves child‐selling. I argue that while proponents of surrogacy have generally failed to provide an adequate response to this objection, it can be overcome. After showing that the two most prominent arguments for the child‐selling objection fail, I explain how the commissioning couple can acquire parental rights by paying the surrogate only for her reproductive labor. My explanation appeals to the idea that parental rights are acquired by those who have claims over the reproductive labor that produces the child, not necessarily by those who actually perform the labor. This account clarifies how commercial surrogacy differs from commercial adoption. In the final section of the paper, I consider and reject three further child‐based objections to commercial surrogacy: that it establishes a market in children's attributes, that it requires courts to stray from the best interests standard in determining custodial rights, and that it requires the surrogate to neglect her parental responsibilities. Since each of these objections fails, children's rights probably do not pose an obstacle to the acceptability of commercial surrogacy arrangements.  相似文献   

8.
This article examines the significance of pockets for controlling money in Highland Papua New Guinea. Contextualizing elaborate ‘systems’ for compartmentalizing monies in separate pockets, I draw upon the connection Highlanders make between transaction and skin. Pockets, I argue, offer opportunities to hide one's wealth reserves while gifting, keeping intentions opaque and leaving interlocutors guessing at the meaning of donors' speech, and forcing recipients to perceive their gift as ample. The article suggests that expectations are deliberately conventionalized in order to be exceeded, drawing parallels with Roy Wagner's notion of obviation. After characterizing Gorokan pockets and their gifting ‘logic’, I analyse how pocket‐users are themselves conventionalized as forthright or selfish in local discourse, based upon the pockets they display and where their clothes come from. Giving people clothing that includes pockets is therefore a way to regain control over their capacity to reveal wealth from their pockets.  相似文献   

9.
This paper argues that a two-tier system has evolved dividing intra-UK/EU marriages from extra-UK/EU marriages. For the former, marriage is a contract between two individuals overseen by a facilitating state. For the latter, marriage has become more of a legal status defined and controlled by an intrusive and obstructive state. I argue that this divergence in legislating regulation is steeped in an ethnicized imagining of ‘Britishness’ whereby the more noticeably ‘other’ migrants (by skin colour or religion) are perceived as a threat to the national character. The conceptualization of women as legally ‘disabled’ citizens (1870 Naturalisation Act) for whom a state must act as responsible patriarch, is a fundamental part of this imagining of the nation. The paper therefore examines the social (gendered and ethnicized) assumptions and political aims embedded within the legislation.  相似文献   

10.
A serious moral weakness of reproductive ‘surrogacy’ is that it can be harmful to the children who are created. This article presents a proposal for mitigating this weakness. Currently, the practice of commercial ‘surrogacy’ operates only in the interests of the adults involved (the gestator and the commissioning individuals who employ her), not in the interests of the child who is created. Whether ‘surrogacy’ is seen as the purchase of a baby, the purchase of parental rights, or the purchase of reproductive labor, all three views share the same significant flaws. They endorse the transfer, for a fee, of the infant from the woman who gestated it to those who commissioned it, but without justifying such a transfer; they fail to demonstrate that the commissioners have any entitlement to the infant, or, for that matter, suitability to be the infant's parents; and they fail to take any notice of the infant's needs, interests, and wellbeing. A mere genetic connection is not enough to establish that the commissioners are entitled to receive the baby or that they are competent to raise it. Their good intentions, however caring, are not enough. Therefore, just as in the practice of adoption, there should be a formal institutionalized system for screening and licensing the prospective social parents, which would make the infant's needs, interests, and wellbeing paramount. I reply to several potential objections to this proposal, including the objection that genetic parents who raise their own child are not screened and licensed.  相似文献   

11.
Marcel Mauss's work on the archaic gift contributes to understandings of corporate and government support of arts organisations, or ‘institutional funding’. His approach allows us to see institutional funding as a gift that is embedded in a system of exchange wherein gifts come with a variety of obligations, and self-interest and disinterestedness are inseparable. The institutional gift operates through money and contracts; nevertheless, it entails obligations to give, to receive, and to reciprocate. This system of obligations has been joined, in the contemporary institutional gift, by another obligation: the obligation to ask.

Institutional funding of the arts has acquired additional twenty-first-century elements. The article elaborates these, using the UK as an example. It also argues that the ambivalence felt by some members of the arts world about institutional funding stems, in large part, from the obligations inherent in the gift. The recent imposition of the neo-liberal model into the arts is an intrinsic part of the exchange between institutional funders and arts organisations. Given that Mauss's work is strongly anti-liberal and anti-utilitarian, it is ironic that his ideas should prove so useful for understanding a form of twenty-first-century gift in which neo-liberalism plays such a crucial role.  相似文献   

12.
This introductory essay takes ‘anthropology at home’ to refer to the conduct of fieldwork and other kinds of anthropological research in or about communities which Australian anthropologists regard as culturally familiar. In that sense, anthropology at home raises two interrelated questions: 1) ‘What is an appropriate anthropological object?’ and 2) ‘What are the appropriate methods for studying that object?’ I argue that anthropology remains overdetermined by its colonial heritage and that it is still overly concerned with the study of ‘the other’ through long-term fieldwork. My feeling is that we should displace the idea of ‘the other’ in favour of an anthropological object construed in terms of self-other relationships. This not only implies that anthropology at home should cease to appear as an oxymoron, but also suggests that a more comprehensive employment of various study methods should displace long-term fieldwork as metonymic of the discipline.  相似文献   

13.
In the hope of future treatments to prevent or slow down the disease, there is a strong movement towards an ever‐earlier detection of Alzheimer’s disease (AD). In conjunction with scientific developments, this has prompted a reconceptualization of AD, as a slowly progressive pathological process with a long asymptomatic phase. New concepts such as ‘preclinical’ and ‘prodromal’ AD have been introduced, raising a number of conceptual and ethical questions. We evaluate whether these new concepts are theoretically defensible, in light of theories of health and disease, and whether they should be understood as disease or as an at‐risk state. We introduce a pragmatic view on disease concepts and argue that an evaluation of the reconceptualization of AD should also take its aims and effects into account, and assess their ethical acceptability. The reconceptualization of AD is useful to coordinate research into preventive strategies, and may potentially benefit future patients. However, in the short term, early detection and labelling of ‘preclinical AD’ can potentially harm people. Since there is no treatment available and the predictive value is unclear, it may only create a group of ‘patients‐in‐waiting’ who may suffer from anxiety, uncertainty and stigmatization, but will never actually develop dementia. We conclude that only if the promise of preventive medication materializes, will the reconceptualization of AD turn out unequivocally to be for the better. Otherwise, the reconceptualization may do more harm than good.  相似文献   

14.
Ethnic politics is a paradoxical phenomenon in France. While predominant French ideologies and institutional arrangements reinforce a ‘no ethnic politics’ model, there have been substantive challenges to this traditional model, including changes in state practices, and the political emergence of Franco‐Maghrebis and the immigrant association movement. Using the affaire des foulards [headscarves affair] of 1989 as a case‐study, the article seeks to clarify the ethnic politics paradox in France. I argue that the emergence and configuration of ethnic politics in France are being shaped by a series of constraints. These constraints are reflected in the ways in which the headscarves affair was created, defined, and managed. I suggest that the constraints are rooted not only in French ideologies and institutional arrangements, but also in the ‘nationalist logic’ of contemporary French immigration politics, the integrationist strategies of Franco‐Maghrebi groups, and the immigré perspective of the state and political community.  相似文献   

15.
Transnational surrogacy, when people travel abroad for reproduction with the help of a surrogate mother, is a heavily debated phenomenon. One of the most salient discourses on surrogacy is the one affirming that Westerners, in their quest for having a child, exploit poor women in countries such as India. As surrogacy within the Swedish health care system is not permitted, Swedish commissioning parents have used transnational surrogacy, and the majority has turned to India. This interview study aimed to explore how commissioning parents negotiate the present discourses on surrogacy. Findings from the study suggest that the commissioning parents’ views on using surrogacy are influenced by competing discourses on surrogacy represented by media and surrogacy agencies. The use of this reproductive method resulted, then, in some ambiguity. Although commissioning parents defy the exploitation discourse by referring to what they have learnt about the surrogate mother’s life situation and by pointing at the significant benefits for her, they still had a request for regulation of surrogacy in Sweden, to better protect all parties involved. This study, then, gives a complex view on surrogacy, where the commissioning parents simultaneously argue against the exploitation discourse but at the same time are uncertain if the surrogate mothers are well protected in the surrogacy arrangements. Their responses to the situation endorse the need for regulation both in Sweden and India.  相似文献   

16.
The focus of this paper is a famous boys' boarding school in the North Indian city of Dehra Dun. The Doon School was founded in 1935 and was soon hailed by a wide cross section of post-colonial Indian intelligentsia as the site for the production of the ‘modern’ Indian citizen. The discussion below suggests that contemporary social analysis needs to focus on specific sites of the production of the discourses of the nation and citizenship rather than simply announce their dissolution as an ‘inevitable’ by-product of ‘globalisation’; this seems to be the stand taken by certain strands of theorisation in the so-called globalisation debate and in particular versions of cultural studies. I argue that rather than having simply dissolved, the ‘national’ emotion, at least in the Indian context, may have been transformed into the production of ‘post-coloniality’ as a differentiating category to distinguish the ‘progressive’ populations of the nation-state from its ‘backward’ counterparts. I employ Baudrillard's concept of the ‘real’ in order to argue for situated analyses of the contemporary global condition where analyses of the relationship between nation-states and of the asymmetries within them continue to be important political tasks.  相似文献   

17.
This paper is a critique of ‘integrative medicine’ as an ideal of medical progress on the grounds that it fails to realise the cognitive value of alternative medicine. After a brief account of the cognitive value of alternative medicine, I outline the form of ‘integrative medicine’ defended by the late Stephen Straus, former director of the US National Centre for Complementary and Alternative Medicine. Straus’ account is then considered in the light of Zuzana Parusnikova’s recent criticism of ‘integrative medicine’ and her distinction between ‘cognitive’ and ‘opportunistic’ engagement with alternative medicine. Parusnikova warns that the medical establishment is guilty of ‘dogmatism’ and proposes that one can usefully invoke Karl Popper’s ‘critical rationalism’ as an antidote. Using the example of Straus, I argue that an appeal to Popper is insufficient, on the grounds that ‘integrative medicine’ can class as a form of cognitively-productive, critical engagement. I suggest that Parusnikova’s appeal to Popper should be augmented with Paul Feyerabend’s emphasis upon the role of ‘radical alternatives’ in maximising criticism. ‘Integrative medicine’ fails to maximise criticism because it ‘translates’ alternative medicine into the theories and terminology of allopathic medicine and so erodes its capacity to provide cognitively-valuable ‘radical alternatives’. These claims are then illustrated with a discussion of ‘traditional’ and ‘medical’ acupuncture. I conclude that ‘integrative medicine’ fails to exploit the cognitive value of alternative medicine and so should be rejected as an ideal of medical progress.  相似文献   

18.
This paper discusses the recent rise of popular ‘blockbuster’ books written by international development industry insiders and produced by commercial publishers. The paper explores a set of common stylistic devices found within this emerging genre. Though each book is different, a key trope is the story of an author's earlier professional life—the hard lessons and gritty insights that have supposedly emerged from it—that normally underpins each narrative. By living the challenges involved in development work at first hand, and by making mistakes and experiencing epiphanies along the way, these author-professionals want readers to know that they have found out the hard way that long-cherished beliefs about development now need to be questioned. Readers are invited to relive these lessons and epiphanies, and to think and act differently about development by upholding a highly pragmatic form of development professionalism. Combining elements of research monograph, self-help book and personal memoir, these development blockbuster books can be understood not only as commodities, but also as part of the development gift. The authors promise a gift of experience but, in reality, these books are mundane commodities enmeshed in capitalist exchange relations.  相似文献   

19.
Richard Huxtable 《Bioethics》2014,28(9):472-480
Compromise on moral matters attracts ambivalent reactions, since it seems at once laudable and deplorable. When a hotly‐contested phenomenon like assisted dying is debated, all‐or‐nothing positions tend to be advanced, with little thought given to the desirability of, or prospects for, compromise. In response to recent articles by Søren Holm and Alex Mullock, in this article I argue that principled compromise can be encouraged even in relation to this phenomenon, provided that certain conditions are present (which I suggest they are). In order to qualify as appropriately principled, the ensuing negotiations require disputants to observe three constraints: they should be suitably reflective, reliable and respectful in their dealings with one another. The product that will result from such a process will also need to split the difference between the warring parties. In assisted dying, I argue that a reduced offence of ‘compassionate killing’ can achieve this. I acknowledge, however, that splitting the difference can induce splitting headaches, as there remain certain questions to be answered. Hopefully, however, sufficient work is done here to defend attempts to occupy the middle ground, whether these relate to assisted dying specifically or to other disputed moral matters.  相似文献   

20.
In Dalian Software Park, China's centre for IT-enabled outsourcing and offshore services, knowledge workers find themselves on the ‘assembly line’ of information processing, carrying out highly routinized, de-skilled, and poorly paid work for which they are vastly overqualified. Following the recent attention to culture and personhood in studies of global capitalism, I argue that these knowledge workers are motivated by two forms of cosmopolitanism: corporate cosmopolitanism, the capacity to reconcile the supra-territorial values of ‘global’ corporate culture with local values; and nationalist cosmopolitanism, whereby individual workers see the performance of cultural openness as a way of contributing to China's national project of modernization. As well as providing a rare account of cosmopolitanism in the workplace, this article demonstrates the significance of cosmopolitanism for the global economy. The pursuit of cosmopolitanism creates a productive friction between individual projects of self-making, corporate projects of disciplining labour, as well as national projects of pursuing modernity and development.  相似文献   

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