In order to reach its full potential, human embryonic stem cell (hESC) research requires the use of human oocytes. There is currently a shortage of human eggs for research, and this shortage is likely to continue, as many states and countries prohibit their sale for research purposes, while at the same time condoning unregulated markets for oocytes for use in assisted reproduction. In this essay I first explore possible alternative sources of oocytes for hESC research and conclude that, at present, (...) women are the best source. I then examine arguments about exploitation and commodification that are often raised to prohibit payment to women for oocytes in both the reproductive and research contexts and find these arguments wanting. I conclude by suggesting that ethical concerns raised about a market in oocytes do not warrant a prohibition on the sale of eggs, but that a regulated market can consistently minimize ethical concerns while respecting women and providing important resources for advances in hESC research. (shrink)

Most opponents of somatic cell nuclear transfer and embryonic stem cell technologies base their arguments on the twin assertions that the embryo is either a human being or a potential human being, and that it is wrong to destroy a human being or potential human being in order to produce stem cell lines. Proponents’ justifications of stem cell research are more varied, but not enough to escape the charge of obsession with the status of the embryo. What unites the two (...) warring sides in ‘the stem cell wars’ is that women are equally invisible to both: ‘the lady vanishes.’ Yet the most legitimate property in the body is that which women possess in their reproductive tissue and the products of their reproductive labour. By drawing on the accepted characterisation in the common law of property as a bundle of rights, and on a Hegelian model of contract as mutual recognition, we can lessen the impact of the tendency to regard women and their ova as merely receptacles and women’s reproductive labour as unimportant. (shrink)

As technology's frontiers advance, we acquire the capacity to alleviate the aspects of suffering and sorrow that are caused by our genetic programming, while also inviting unwelcome side consequences. CRISPR (Clustered Regularly Interspaced Short Palindromic Repeats), a bacterial defense system with genome editing capabilities, is now being implemented to startling results. It is being used to correct for harmful mutations by permanently altering genes, promising to eliminate defects in whole species. Advantages notwithstanding, and apart from insufficiently considered dangers precipitated by (...) the well‐intended technology, there are other moral issues to consider. What does existence look like in which humans become resistant to experiencing genetic defects? We can welcome medical innovation's reduction of undue hardship, but is there a threshold past which a permanently improved version of us makes us ineligible to participate in the human condition? This essay offers a theological and Aristotelian critique of using CRISPR for extensive human gene editing, arguing that it is our imperfections, including susceptibility to disease, decline due to aging, and the ephemerality of joy, which make us human. (shrink)

This article challenges a key tacit assumption underpinning legal and ethical instruments in health care, namely, that people are ideally bounded, independent, and often also strategically rational individuals. Such an understanding of personhood has been criticized within feminist and other critical scholarship as being unfit to capture the deeply relational nature of human beings. In the field of medicine, however, it also causes tangible problems. I propose that a solidarity-based perspective entails a relational approach and as such helps to formulate (...) new solutions to complex ethical and regulatory questions, ranging from caring for people at the end of their lives to improving policies for organ donation and better governance of health data. It also underscores the importance of universal health care. Although a solidarity-based perspective does not require health to be seen as an individually enforceable right, it does influence our understanding of individual rights: it draws attention to how their meaning is shaped by shared social practices. I conclude by arguing that, in light of current pressures for medicine to become more personalized, using a relational understanding of personhood to shape policies and practices is a much needed endeavor. (shrink)

Many activities formerly not in the market are being “marketized,” and women's labor is increasingly in the market. I consider the grounds on which to decide what should and what should not be “in” the market. I distinguish work that is paid from work done under “market norms,” and argue that market values should not have priority in education, childcare, healthcare, and many other activities. I suggest that a feminist ethics of care is more promising than Kantian ethics or utilitarianism (...) for recommending social decisions concerning limits on markets. (shrink)

The feminist literature against the commodification of embryos in human embryo research includes an argument to the effect that embryos are “intimately connected” to persons, or morally inalienable from them. We explore why embryos might be inalienable to persons and why feminists might find this view appealing. But, ultimately, as feminists, we reject this view because it is inconsistent with full respect for women's reproductive autonomy and with a feminist conception of persons as relational, embodied beings. Overall, feminists should avoid (...) claims about embryos’ being inalienable to persons in arguments for or against the commodification of human embryos. (shrink)

. Morality is often dismissed as irrelevant in what is seen as the global anarchy of rival states each pursuing its national interest. When morality is invoked, it is usually the morality of justice with its associated moral conceptions of individual rights, equality, and universal law. In the area of moral theory, an alternative moral approach, the ethics of care, has been developed in recent years. It is beginning to influence how some see their global responsibilities.

Contemporary approaches to “non-market accounting” depend critically on methods of “monetization,” i.e., determining prices for goods outside the market. Monetization constitutes a case of economic measurement in a narrow sense that has not yet been analyzed in the literature on measurement in economics. Monetization, I will argue, uses homo economicus—originally created as a model to explain existing prices—as a measuring device, one that generates new prices for goods that are not traded on markets. Homo economicus, though long contested in microeconomics, (...) is thus enjoying a dubious revival in non-market accounting. (shrink)

Biobanks are designed with particular purposes in mind. These purposes are reflected in the governance frameworks that define the conditions for participation and access by researchers. In this paper, I analyse two different models: the commercially aligned deCODE biobank and the ‘public good’ framework of UK Biobank. These diametric models have both featured ‘the public interest’ as pivotal to their achievements. However, if properly understood, the public interest rhetoric of deCODE actually conflicts with any professed community interest. The reasons why (...) are explained, and the effects this has on conditions for participation are critiqued, before reflecting on how each model might have an impact on reproductive health research. (shrink)

Anti-commodification theorists condemn liberal political philosophers for not being able to justify restricting a market transaction on the basis of what is sold, but only on the basis of how it is sold. The anti-commodification theorist is correct that if this were all the liberal had to say in the face of noxious markets, it would be inadequate: even if everyone has equal bargaining power and no one is misled, there are some goods that should not go to the highest (...) bidder. In this paper, I respond to the anti-commodification critique of liberalism by arguing that the political liberal has the wherewithal to account not only for the conditions under which goods should not be sold, but also for what kinds of goods should not be for sale in a market economy. The political liberal can appeal to a principle of equal basic rights, and to one of sufficiency in basic needs and the social bases of self-respect, I argue, to account for what’s problematic about markets in civic goods, necessary goods, and physical goods including body parts and intimate services. (shrink)

The new prominence given to science for economic growth and industry comes with an increased policy focus on the promotion of commodification and commercialization of academic science. This paper posits that this increased interest in commodification is a new steering mechanism for governing science. This is achieved by first outlining what is meant by the commodification of scientific knowledge through reviewing a selection of literatures on the concept of commodification. The paper concludes with a discussion of how commodification functions as (...) a means for governing science. (shrink)

There is an urgent need for reconstructing models of property to make them more women-friendly. However, we need not start from scratch: both ‘canonical’ and feminist authors can sometimes provide concepts which we can refine and apply towards women’s propertylessness. This paper looks in particular at women’s alienation from their reproductive labour, building on Marx and Delphy. Developing an economic and political rather than a psychological reading of alienation, it then considers how the refined and revised concept can be applied (...) to concrete examples in global justice for women: in particular, the commercialisation of embryonic and fetal tissue in the new stem cell technologies. (shrink)

Thomas Piketty’s capitalism in the twenty-first century is arguably the most significant book in empirical economics since Simon Kuznets’s Modern Economic Growth (.

The market failures approach to business ethics argues that economic theory regarding the efficient workings of a market can generate normative prescriptions for managerial behaviour. It argues that actions that inhibit Pareto optimal solutions are immoral. However, the approach fails to identify goods that should be regulated or prohibited from the market, something common to the moral limits to markets approach to business ethics. There are, however, numerous assumptions underlying Paretian efficiency, including some about the preferences of market participants. Trade (...) in some goods violates some of these assumptions, and so these goods are morally suspect and can be understood to indicate that the market for these goods is not moral. This creates grounds sufficient for regulating, and possibly prohibiting, these goods. To help determine whether it is then necessary to regulate the goods, I propose a supplementary economic analysis to ascertain why an assumption regarding a particular preference is being violated. (shrink)

In the case of surrogacy, it is not new biotechnologies themselves that have challenged well-established principles in law and ethics, but rather political and social phenomena such as commodification of women’s reproductive tissue and labour, demands to allow new ways of forming families and (before Covid-19, at least) the comparative ease of international travel that enabled cross-border surrogacy to develop into a market valued at up to $2 billion annually in India alone as of 2016 (Dickenson 2016, citing an estimate (...) from The Indian National Commission for Women). This phenomenon stands the usual truth on its head: it is not new technologies but new pressures that have challenged the existing law and ethics of surrogate motherhood. (shrink)

Critics of commodification object to sales but not gifts of some goods, such as human blood or human organs, on grounds that such trade wrongly coerces, morally corrupts, and crowds out altruism. This essay takes issues with each of these claims. It disputes Micheal Sandel’s claim that voluntary exchange coerces, arguing that he confuses what is unfair with what is unfree. It argues, where trade does create moral costs, that these costs should be weighed against the moral costs of trade (...) bans, such as the loss of human life, and the harms endemic to illegal markets. The essay also quarrels with Richard Titmuss’s The Gift Relationship, arguing that compensation for blood need not crowd out blood donation, that compensation does not preclude a charitable impulse, and that some important gift relationship posses elements of altruism and exchange.Ceux qui critiquent la marchandisation sont contre la vente mais pas contre le don de certains biens comme le sang ou les organes humains parce qu’un tel commerce exercerait une contrainte, corromprait morallement, et ne laisserait pas de place à l’altruisme. Ce papier traite de chacune de ces affirmations. Il consteste l’affirmation de Micheal Sandel selon laquelle l’échange volontaire exerce une contrainte, en suggérant qu’il confond ce qui injuste avec ce qui n’est pas libre. Si le commerce entraîne des coûts moraux, cet essai suggère que ces coûts devraient être comparés avec les coûts moraux associés aux interdictions de commerce tels que la perte de la vie humaine et ceux associés aux maux endémiques des marchés illégaux. Il critique aussi l’ouvrage de Richard Titmuss, “The Gift Relationship” en suggérant que les compensations monétaires en échange d’un don de sang n’évincent pas nécessairement le don de sang, qu’elles n’empêchent pas les impulsions charitables, et que d’importants actes de don comportent des éléments d’altruisme et d’échange. (shrink)

Tomasi’s view of social democracy is shown to mischaracterize it as hostile to private economic liberties, which all real-world social democracies guarantee. The supposed Manichean choice between social and market democracy, seen as requiring contrasting accounts of fairness, results from combining Rawls-style idealization of regime types, the Hayekian presumption that social democracies are advancing along the road to serfdom, and tendentious appeal to scant and unconvincing historical evidence. The proposed constitutional protection of ‘thick,’ market-based economic liberties, as favoring both individual (...) self-authorship and fair equality of opportunity, is defended by Tomasi against high-liberal and social democratic views as compatible with what Rawls’s social justice demands, but as their scope expands in the course of the book this fails to convince. Finally it is argued that the ever-expanding reach of the market across all social life, with feedback effects on the formation of preferences, renders questionable Tomasi’s claims that his account of market fairness is neutral with respect to ways of life and that it specifies conditions under which individuals can live lives that are truly their own. (shrink)

This paper questions the dominance of market-based mechanisms (MBMs) as the primary means of climate change mitigation. It argues that, not only they are unsuccessful on their own terms, but also they actually make the task more difficult by the unintended consequence of normalising the act of polluting and crowding out alternatives. The theoretical contribution of the paper is to draw a link between two bodies of literature. The first is the business ethics literature on the dominance of market-based rather (...) than direct regulation, and the second is the literature on market ethics, particularly the work of Michael Sandel on how MBMs crowd out non-market norms. The empirical contribution is to use the international maritime transport sector to illustrate the way market-based regulation renders alternatives such as direct regulation and supply-side approaches invisible. (shrink)

Journal of Political Philosophy, Volume 30, Issue 1, Page 116-139, March 2022.

This article considers how Margaret Jane Radin’s theory of the feminist double bind can bring conceptual clarity to the difficulties feminisms face in engaging with political and legal institutions of global governance. I draw on her theory to reinitiate a conversation on ideal and nonideal theory, in order to answer the call of key proponents in international legal feminism to reevaluate methodologies in critiquing mainstream institutions. By providing an account of how to navigate the double bind, this article brings conceptual (...) clarity to the tension between resistance and compliance that has been argued to lie at the heart of the feminist project in international law. I demonstrate how this theoretical framework can foster greater pluralist perspectives in feminist engagement of ideal theories to temper the deradicalising and conservative risk of navigating feasibility constrained nonideal strategies. (shrink)

This note examines the British case of Broidy v. St Helen's andKnowsley Health Authority in which Margaret Broidy was unsuccessful in anegligence action against the defendant Health Authority following an emergency caesareanoperation in which a hysterectomy had been performed as `essential'. Of particularfeminist interest is the fact that Broidy's claim for, inter alia, the costs of asurrogacy arrangement to be carried out in California was refused on the basis that it wasnot reasonable – the chances of success of the surrogacy (...) arrangement being deemed tooremote. Set within the context of an increasingly prolific number ofworld-wide surrogacy stories, the Broidy decision is analysed as providing a recentillustration of some of the difficult implications of the reproductive option which surrogacyhas now become. (shrink)

As rational adults, we are free to elect what is (or is not) done to our bodies. However, this strong freedom does not extend to the borders of life. Control over the uses of our biological material is constrained and uncertain at law. Our article examines the legal condition of embryos and organs: how law conceptualises them and regulates their uses.

Prior to the pandemic of 2020, global tourism accounted for over ten percent of global GDP, for a total of $9.6 trillion USD; one in every four jobs created that year, across the globe, was in the travel and tourism sector. And yet the figure of the international tourist is often regarded with an attitude ranging from bemusement to outright contempt so much so that a series of books exists to guide tourists on how to avoid looking or acting like (...) tourists. Why, though, is the figure of the tourist —especially the international tourist— so disreputable? Given the sheer number of such tourists (over 1.4 billion, in 2018 alone) it seems odd to think that there is something shameful or problematic about tourism as a practice. What accounts for our seeming disdain for the tourist, even as so many of us engage in tourism ourselves?There are, of course, many obvious answers to this question. The tourist —especially the international tourist— is often a figure of some wealth and privilege; that tourist is likely to be clumsy, at best, in his or her navigating of a foreign society; and he or she is often likely to be less careful in her caretaking of the physical and social spaces into which she travels, given the fact that she is as it were on vacation. These facts may be enough to engender some antipathy towards the tourist especially one who, as Jarvis Cocker noted thirty years ago, regards the local inhabitants as somehow amusing. Tourists are likely to be —as the British aphorism had it about American GIs— oversexed, overpaid, and over here. In this paper, though, I want to suggest a slightly different story for our ethical disquiet with the figure of the tourist. I will argue that the practice of international tourism raises two distinct sorts of ethical worries —both of which reflect the fact that international tourism requires a local industry in which cultural difference is curated and made consumable by the foreign tourist—. This fact may lead to ethical disquiet, I argue, because it can represent a site at which there is a maldistribution of the benefits and burdens of intercultural conversation; the local who works in the tourism industry must become adept at performing his or her culture for the outsider, while that outsider gains the benefits of intercultural conversation without bearing a similar burden of epistemic labor. A second reason for concern, however, stems from the ways in which this demand for epistemic labor can end up deforming and destabilizing local forms of citizenship and political agency. Those who spend their days performing a debased and simplified version of their cultural identity for outsiders may be, I believe, marked by that effort and their own ability to engage in political conversations with fellow local members may be made more difficult as a result. International tourism, in short, may be a site from which both distributive and political injustices might emerge. These concerns, I should note, may exacerbate already objectionable relationships reflecting colonial legacies of oppression; but they may exist even in the absence of any history of colonialism. The mere fact of a market in the curated experience of cultural difference may be enough to raise these worries; and international tourism, I believe, often involves exactly this form of market. (shrink)

Most current work on privacy understands it according to an economic model: individuals trade personal information for access to desired services and websites. This sounds good in theory. In practice, it has meant that online access to almost anything requires handing over vast amounts of personal information to the service provider with little control over what happens to it next. The two books considered in this essay both work against that economic model. In Privacy as Trust, Ari Ezra Waldman argues (...) for a new model of privacy that starts not with putatively autonomous individuals but with an awareness that managing information flows is part of how people create and navigate social boundaries with one another. Jennifer Rothman's Right of Publicity confronts the explosive growth of publicity rights—the rights of individuals to control and profit from commercial use of their name and public image—and, in so doing, she exposes the poverty of treating information disclosure merely as a matter of economic calculation. Both books emphasize practical and doctrinal solutions to the problems they identify. In this essay, I take a step back and draw out the extent to which they converge on a fundamentally important point: the blunt application of market logic with its tools of property and contracts fails to protect the interests that lead us to turn to privacy in the first place; the tendency to economize privacy is a significant part of why we inadequately protect it. (shrink)