A primary goal of clinical practice is to respect patient autonomy. To promote this goal for patients who have lost the ability to make their own decisions, commentators recommend that surrogates make their treatment decisions based on the substituted judgment standard. This standard is commonly interpreted as directing surrogates to make the decision the patient would have made in the circumstances, if the patient were competent. However, recent commentators have argued that this approach—attempting to make the decision the patient would (...) have made if competent—is theoretically problematic, practically infeasible, and ignores the interests of the patient9s family and loved ones. These commentators conclude that the substituted judgment standard should be revised significantly, or abandoned altogether. While this response would avoid the cited problems, it also would require substantial changes to clinical practice and would raise significant problems of its own. The present paper thus considers the possibility that the criticisms do not point to problems with the substituted judgment standard itself; instead, they point to problems with the way it is most commonly interpreted. This analysis suggests that the substituted judgment standard need not be dramatically revised or abandoned. Instead, it should be interpreted in a way that effectively promotes respect for the autonomy of incompetent patients. The ‘endorsed life’ interpretation described here helps clinicians and surrogates to achieve this important goal. To clarify this approach, we explain how it differs from three other recently proposed alternatives to the standard interpretation of the substituted judgment standard. (shrink)

Most of us accept that we have special obligations to our family members: to, e.g., our parents, our siblings, and our grandparents. But it is extremely difficult to offer a plausible grounding for such obligations, given the apparent fact that familial relationships are not voluntarily entered. I did not choose to be my mother's daughter or my brother's sister, so why suppose that such facts about me are morally significant? Why suppose that I owe more to my mother or to (...) my brother than natural duty requires that I do for all and any persons? Special obligations appear more problematic the less the relationships that supposedly generate them are akin to the relationship between promiser and promisee, a voluntarily assumed relationship. Thus, for example, special obligations to friends might appear less problematic than do those to family members, because it seems that we voluntarily choose our friends, and, thus, voluntarily choose to bear more for them than natural duty requires. (shrink)

Recently, Julian Savulescu and Guy Kahane have defended the Principle of Procreative Beneficence (PB), according to which prospective parents ought to select children with the view that their future child has ‘the best chance of the best life’. I argue that the arguments Savulescu and Kahane adduce in favour of PB equally well support what I call the Principle of General Procreative Beneficence (GPB). GPB states that couples ought to select children in view of maximizing the overall expected value in (...) the world, not just the welfare of their future child. I further argue that Savulescu and Kahane's claim that PB has significantly more weight than competing moral principles, such as GPB, lacks justification. A possible argument for PB having significant weight builds on a principle of parental partiality towards one's own children. But this principle does not support PB; it supports a Principle of Sibling-Oriented Procreative Beneficence (SPB), according to which parents selecting a child should maximize the benefit of all their children. Indeed, PB itself will in some cases be self-effacing in favour of SPB. (shrink)

The aim of this paper is to criticise the well-discussed Principle of Procreative Beneficence (PB) lately refined by Julian Savulescu and Guy Kahane. First, it is argued that advocates of PB leave us with an implausible justification for the moral partiality towards the child (or children) reproducers decide to bring into existence as compared with all other individuals. This is implausible because the reasons given in favour of the partiality of PB, which are based on practical reason and common-sense morality, (...) can just as well be used to guide reproducers to make choices that do not support partiality towards one’s possible children. This seems to be true as least in some situations. Secondly, it is argued that Jakob Elster’s recent critique of PB is problematic, and specifically that a counterexample designed by Elster to criticise PB because of its partiality towards one’s own children misses the target. Finally, a genuine counterexample to PB is developed in order to show that the partiality of PB means it gives the wrong answer in a specific case. (shrink)