In 2003 and 2004, Aotearoa New Zealand enacted two key laws that regulate two very different ways in which the female body may be commodified. The Prostitution Reform Act 2003 (PRA) decriminalized prostitution, removing legal barriers to the buying and selling of commercial sexual services. The Human Assisted Reproductive Technology Act 2004 (HART Act), on the other hand, put a prohibition on commercial surrogacy agreements. This paper undertakes a comparative analysis of the ethical arguments underlying New Zealand’s legislative solutions to (...) prostitution and commercial surrogacy. While the regulation of prostitution is approached with a Marxist feminist lens with the aim to ensure the health and safety of sex workers, commercial surrogacy is prohibited outright for concerns of negative impacts on present and future persons. I ground the principles of each Act in their ethical foundations and compare these two against one another. I conclude that New Zealand’s legislative approach to regulating the commodification of the female body is ethically inconsistent. (shrink)

In the critical assessment of the rise of what Jameson has termed the modern centred subject … the lived experience of individual consciousness as a monadic and autonomous centre of activity, significant attention has been devoted to the impact of the institutions of the late eighteenth century ‘bourgeois cultural revolution’ such as the family and the school. Less consideration has been given in this history of regulated subjectivity to the emergence within key centres of cultural production of the discourse of (...) maternity and its lasting consequences for the understanding and representation of the mother–child bond as a matrix of both affectional relations and infant development. The late eighteenth century reconfiguration of the family as, in Jameson's words a private space within the nascent public sphere of bourgeois society intensified the ‘separation of the spheres’ begun in the early modern period and further formalised the zoning of the domestic experience as the defining site of emotional specialisation and individual growth. In the culture of early romanticism, this differentiation of domestic roles elevated children as the primary objects of a new regime of intergenerational care, replacing disciplinary control with intimate nurture and valorising a particular construction of motherhood as the ethical base of domestic piety and social stability beyond even the semantic reach of reason. Understanding the cultural processes by which this important ideological shift reshaped the paradigm of parent–child relations in industrial society – radiating beyond the realm of the family into the wider systems of childcare and education – enables us better to discern its continuing influence on perceptions of family life and motherhood today and to critically evaluate its potential contribution to changing conceptions of the place of the family in contemporary democratic society. (shrink)

One of the explanations frequently offered for current social problems is the breakdown of the family as an institution and the decline of values such as trust and responsibility that were until recently associated with it. While the philosophical position of many commentators in this area is rooted in a broadly utilitarian social philosophy, there is a case for an alternative—i.e. non-utilitarian—philosophical point of view. The essential requirement for such an alternative approach is that it accords a place to certain (...) moral absolutes: promises, principles, obligations, and the rights accruing to others as a result of those obligations. Currently procreation, marriage, and family life are being subjected to unprecedented shifts in both meaning and practice, and this is a situation in which a Kantian approach, especially the Kantian dictum that persons should not be treated solely as means to other people's ends, can find new contemporary applications. An unqualified utilitarian spirit has led us into a world where parenthood and child-raising have been split from each other and where money changes hands for the elements of child-making and for the labour of gestation. The pressure for the new constructivist consensus is strong, but so is the case against a trivial or unnecessary extension of choice in procreation and against the increasing commercialisation of human conception. In these circumstances, Kantian ethics has a distinctive role to play in assessing the values at issue in today's ‘new families’ debate. (shrink)

In the growing philosophical literature on the family and its value, the parents' fiduciary role often serves to explain why the family is valuable from a child-centred perspective. Recently it has been further argued that this fiduciary role also explains the distinctive value the family has for parents. By offering a critique of that argument, the paper advances an alternative parent-centred account of the value of the family. It points out the process in families whereby parents reproduce some of their (...) characteristics in their children and thereby establish a powerful sense of interconnectedness and continuity between their own identity and the child's. The fact that the family provides quite a unique platform for developing this type of interpersonal bond may account for the striking importance ascribed to families. Liberal theory should accommodate this fact when offering an account of legitimate parental authority. (shrink)