In this article, I argue that the liberal framework-its autonomous individuals with equal rights-allows judges to justify enforcing surrogacy contracts. More importantly, even where judges do not enforce surrogacy contracts, the liberal framework conceals gender and class issues which insure that the surrogate will lose custody of her child. I suggest that Marx's analysis of estranged labor can reveal the class and gender issues which the liberal framework conceals.

This article aims to explore the philosophical meaning of pregnancy and maternity in the writ-ings of R. Soloveitchik and Emmanuel Lévinas. They both make a phenomenological enquiry into these phenomena, by looking on the biological aspect and the emotional aspects. R. Solove-itchik suggests a spiritual interpretation concerning the meaning of pregnancy, which is both biological and spiritual. He attempts to differentiate between the natural parenthood and the spiritual parenthood. Lévinas gives us the philosophical observation through the phenomenolog-ical research of pregnancy, (...) motherhood and parenthood. For him, this inquiry may be revealed as an ethical occurrence that demand responsibility. Perhaps this is one of the unique dimensions of modern Jewish philosophy, looking towards the religious texts with modern philosophical method and modern philosophy theories. Reading carefully the biblical story of Genesis on the notion of birth and maternity, raises textual questions and cultural questions. For Lévinas and R. Soloveitchik these questions can open the door to new philosophical inquiry. (shrink)