I remain unsatisfied by a lack of philosophical clarity among Báñezian authors on the nature of freedom. In a recent paper, I therefore posed a problem for Báñezianism that resembles what is called the “grounding problem” for Molinism: where do the truths about alternative possibilities come from? And I illustrated the problem in the context of the account of grace given by one famous defender of the view, Fr. Réginald Garrigou-Lagrange, whose work in turn was recently promoted by Taylor Patrick (...) O’Neill. O’Neill responds in this present journal issue to that paper, arguing that I failed to be attentive to distinctions drawn by Garrigou-Lagrange which would resolve the dilemma. However, I fear that O’Neill’s presentation of both the dilemma and his own resolution is conceptually confused. I will try to illustrate that O’Neill’s own responses are at many points either a concession to a certain fork of the dilemma that I posed in the original paper, or change the subject and fail to address my concerns except superficially. However, since at many points O’Neill implies that I reject Báñezianism, despite my explicit qualification in the paper that I do not, I will end by proposing what would constitute a sufficient response to the dilemma. (shrink)

A distinction attributed to Gregory Palamas involves claiming that God’s essence and energies/activities are distinct, yet equally ‘uncreated.’ Traditionally, this Palamite distinction was attacked by some Latin theologians as compromising divine simplicity. A classical view holds that no properties really inhere in God, because God enters into no composition of any kind, including composition of substance and accident. God’s energies/activities seem like properties inhering in God or otherwise composing some kind of part of God. I will argue that, contrary to (...) appearances, the Palamite distinction is a consequence of commitment to a classical view of divine simplicity. (shrink)

W. Matthews Grant has argued that it is possible to reconcile a strong theory of God’s causal sovereignty with libertarian freedom by denying that God causes the acts of free creatures by means of some factor intrinsic to Himself. Grant argues that the accounts on which God causes those actions of His creatures in virtue of His decrees cannot be libertarian. I will argue that two classical theories of grace, despite holding that God causes creaturely acts in virtue of a (...) divine decree or intention, remain libertarian in just the same sense Grant’s account is. I controversially propose that this is true even of Banezian theories of grace, on which God causes free actions directly. Instead, I suggest that we can characterize what it is for a theory to be theological determinist according to a distinction proposed by Eleonore Stump. (shrink)

This chapter moves from the most fundamental parts of Aquinas’s metaphysics to Aquinas’s thought about the created world, and especially the way in which things in the created world are able to act as beings in their own right, without altering their dependence on the creator. The result is an account of the causality of creatures that does not impugn their connection to the more basic causality of the Deity and that allows this part of Aquinas’s account to be compatible (...) with accounts of causality in modern science. (shrink)

New developments in biotechnology radically alter our relationship with our bodies. Body tissues can now be used for commercial purposes, while external objects, such as pacemakers, can become part of the body. Property in the Body: Feminist Perspectives transcends the everyday responses to such developments, suggesting that what we most fear is the feminisation of the body. We fear our bodies are becoming objects of property, turning us into things rather than persons. This book evaluates how well-grounded this fear is, (...) and suggests innovative models of regulating what has been called 'the new Gold Rush' in human tissue. This is an up-to-date and wide-ranging synthesis of market developments in body tissue, bringing together bioethics, feminist theory and lessons from countries that have resisted commercialisation of the body, in a theoretically sophisticated and practically significant approach. (shrink)

Even in the increasingly individualized American medical system, advocates of 'personalized medicine' claim that healthcare isn't individualized enough. With the additional glamour of new biotechnologies such as genetic testing and pharmacogenetics behind it, 'Me Medicine'-- personalized or stratified medicine-- appears to its advocates as the inevitable and desirable way of the future. Drawing on an extensive evidence base, this book examines whether these claims are justified. It goes on to examine an alternative tradition rooted in communitarian ideals, that of the (...) common good as a goal in medicine. (shrink)

In the specific case of geography, the real world consists on the one hand of physical geographic features (bona fide objects) and on the other hand of various fiat objects, for example legal and administrative objects, including parcels of real estate, areas of given soil types, census tracts, and so on. It contains in addition the beliefs and actions of human beings directed towards these objects (for example, the actions of those who work in land registries or in census bureaux), (...) and the relations between these beliefs and actions and their targets. The document is a Report of the Specialist Meeting held under the auspices of the Varenius Project. (shrink)

This book examines the moral luck paradox, relating it to Kantian, consequentialist and virtue-based approaches to ethics. It also applies the paradox to areas in medical ethics, including allocation of scarce medical resources, informed consent to treatment, withholding life-sustaining treatment, psychiatry, reproductive ethics, genetic testing and medical research. If risk and luck are taken seriously, it might seem to follow that we cannot develop any definite moral standards, that we are doomed to moral relativism. However, Dickenson offers strong counter-arguments to (...) this view that enable us to think in terms of universal standards. (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)

To assess whether UK and US health care professionals share the views of medical ethicists about medical futility, withdrawing/withholding treatment, ordinary/extraordinary interventions, and the doctrine of double effect. A 138-item attitudinal questionnaire completed by 469 UK nurses studying the Open University course on "Death and Dying" was compared with a similar questionnaire administered to 759 US nurses and 687 US doctors taking the Hastings Center course on "Decisions near the End of Life". Practitioners accept the relevance of concepts widely disparaged (...) by bioethicists: double effect, medical futility, and the distinctions between heroic/ordinary interventions and withholding/withdrawing treatment. Within the UK nurses' group a "rationalist" axis of respondents who describe themselves as having "no religion" are closer to the bioethics consensus on withholding and withdrawing treatment. Professionals' beliefs differ substantially from the recommendations of their professional bodies and from majority opinion in bioethics. Bioethicists should be cautious about assuming that their opinions will be readily accepted by practitioners. (shrink)

This article, arising from a comparative European Commission project, analyses different national perspectives on bioethics issues.

Interview by Klasien Horstman on gender and genetics. 'Unlike many gender theorists, I do not view the body as socially constructed; nor do I share postmodern and deconstructionist disquiet at the notion of a unified subject. Frankly, I think these constructions get in the way of political action and are bad for women’s rights.' -/- .

This book contributes to the feminist reconstruction of political theory. Although many feminist authors have pointed out the ways in which women have been property, they have been less successful in suggesting how women might become the subjects rather than the objects of property-holding. This book synthesises political theory from liberal, Marxist, Kantian and Hegelian traditions, applying these ideas to history and social policy.

Editorial introduction to series of papers resulting from a European Commission Project on mental capacity.

Interview on the commodified body with Donna Dickenson by Alana Cattapan.

'An alarming and illuminating book. The story of how we have allowed private corporations to patent genes, to stockpile human tissue, and in short to make profits out of what many people feel ought to be common goods is a shocking one. No one with any interest at all in medicine and society and how they interact should miss this book, and it should be required reading for every medical student,'--Philip Pullman.

Buddhism is a tradition that set itself decidedly against theism, with the development of complex arguments against the existence of God. I propose that the metaphysical conclusions reached by some schools in the Mahayana tradition present a vision of reality that, with some apparently small modification, would ground an argument for the existence of God. This argument involves explanation in terms of natures rather than causal agency. Yet I conclude not only that the Buddhist becomes a theist in embracing such (...) explanations as legitimate, but also ipso facto abandons their metaphysical project and ceases to be a Buddhist. (shrink)

There is a theological puzzle concerning the way in which Satan – an angel – was able to sin, despite lacking knowledge of no relevant fact about the world. Anselm and Aquinas explain Satan’s sin as malicious in virtue of Satan’s indifference to what mattered. I appeal to their account of Satan’s sin as a paradigm case clarifying the way in which those who intentionally engage in nonconsensual sex are always acting maliciously. Assuming competence, those who engage in nonconsensual sex (...) fail to attend to what matters and are willing to harm others merely for their own gratification. Such attitudes are diabolical. (shrink)

A model of metaphysics associated with EJ Lowe and Tuomas Tahko sees metaphysics as involving a priori knowledge of possible essences, or at least modal facts, and delimiting the actual ‘ontological categories,’ the ultimate and essential divisions of what exists, based on the results of a posteriori scientific investigation. Their approach to metaphysics has been criticized by those who argue that such metaphysics is unsuitably a priori, disconnected with empirical research in natural science, and ends up failing to provide meaningful (...) constraints on metaphysical theorization. I present different epistemological and semantic worries about these accounts to motivate an alternative perspective on which metaphysics centers on form, rather than possibility. This scholastic perspective is shown to incorporate the skeptical insights as constitutive of its approach to existence, by way of the position that ‘being’ is not a genus. Rather, ‘being’ is a determinable. The scholastic approach can thus provide responses to the skeptics, since it denies that ontological categories – in the Lowe/Tahko sense – are what metaphysicians investigate and proposes a different view of ontological categories as classes of forms. (shrink)

Hylomorphism is a metaphysical theory that accounts for the unity of the material parts of composite objects by appeal to a structure or ‘form’ characterizing those parts. I argue that hylomorphism is not merely a plausible or appealing solution to problems of material composition, but a position entailed by any coherent metaphysics of ordinary material objects. In fact, not only does hylomorphism have Aristotelian defenders, but it has had independent lives in both East and West. -/- I review three contemporary (...) hylomorphic theories appeal to ‘structure’ to explain the unity of material objects. Each, however, accepts a controversial principle: that substances can have other substances as proper parts. Such a principle is implausible and severely threatens the coherence of the theory. -/- I begin by showing that Thomas Aquinas’ account of form, which does not accept that substances can have other substances as parts, gives us a more coherent version of hylomorphism. Then I argue Zhu Xi, a Song dynasty Confucian thinker, developed a non-Aristotelian hylomorphism. Unlike Aristotelians, Zhu Xi’s metaphysics was formed in opposition to Buddhist versions of skepticism and gives us reasons to think that anyone who holds a view of objects stronger than Buddhists is committed to forms. In conclusion, I show directly, by appeal to some of those same considerations from Zhu Xi, why it is that all those who believe there are unified material objects will appeal to something like a substantial form. The traditional hylomorphic picture of material composition, then, remains a plausible framework for contemporary metaphysicians – and for good reason. (shrink)

Catholic integralism is a tradition of thought which insists upon the ideal nature of political arrangements on which the Church can mandate the State to advance the supernatural good of the baptized. Thomas Pink, one of the foremost defenders, has proposed controversially that these arrangements are ideal because the Church possesses rights to civil coercive authority. But I argue this fact would not entail – by itself – the ideal nature of those arrangements. To the contrary, I argue that integralism (...) is unjust, even assuming Pink’s claims are true. The integralist ideal necessarily involves violating moral duties toward unbaptized citizens. Integralism does so in imposing differential civic burdens upon baptized/unbaptized citizens and in implying that non-Catholics might be rightly excluded from power merely on account of religious beliefs, both without just cause. I conclude by showing that readings of the relevant Catholic teaching can be given which are non-integralist. (shrink)

David Bentley Hart and Jordan Daniel Wood are part of a movement aiming to overcome any separation between divine and human nature, avoiding what they see as a problematic account of grace. As opposed to radical kenoticism which holds that God only exists or has a given character in relation to creation, Hart and Wood appeal to facts about God such that He could not act otherwise towards human beings, given His character. They thereby ground conclusions that God could not (...) fail to create and that human beings could not be otherwise than divinized. Even though they differ on what it is in virtue of the fact that God could not act otherwise, both authors rest their views on such claims. I will argue such views involve serious theological and metaphysical problems, because this strategy entails – as much as radical kenoticism – that God is constituted by His relation to creation. (shrink)

John Courtney Murray is openly acknowledged as one of the greatest public political thinkers that American Catholicism has produced. His work significantly influenced the Catholic Church's public understanding of the role of religion in a pluralistic society through his contributions to the Declaration on Religious Liberty (Dignitatis Humanae) of the Second Vatican Council. He was even acclaimed in the secular world, appearing on the cover of Time on December 12, 1960. His legacy in the area of church–state relations, however, ran (...) into serious difficulties shortly after his death. Many have alleged that the cause of this nonreception lay in a new religious pluralism in the United States or in a lack of consensus on basic moral or philosophical issues. I will argue, by contrast, that one overlooked, but highly influential, reason for this lack of reception lies in Murray's position on the relationship between nature and grace. The triumph of a competing view in the post-conciliar Catholic Church and wider academy, both in theology and in philosophy, undermined the possibility of Murray's vision finding traction within either realm. (shrink)

Aquinas claims that ‘He Who Is’ is the most proper of the names we have for God. But this attempt to ‘describe’ God with a philosophical concept like ‘being’ can seem dangerously close to creating a false conception based on our limited understanding – an idol. A dominant criticism of Aquinas’ use of this term is that any attempt to use ‘being’ to describe God will inevitably make him merely some object in our ontology alongside other beings, unacceptably mitigating God's (...) radical transcendence and otherness. I will argue that Aquinas has a very creative response to this charge: ‘being’ stands in a unique relationship as the only concept that can ensure we do not draw God under some particular creaturely limit and thus use divine names to create an ‘idol’. In other words, ‘being’ is a special paradigm concept/term which ensures that we preserve humility in our attempts to name God. -/- . (shrink)

Jonathan Kvanvig has proposed a non-cognitive theory of faith. He argues that the model of faith as essentially involving assent to propositions is of no value. In response, I propose a Thomistic cognitive theory of faith that both avoids Kvanvig’s criticism and presents a richer and more inclusive account of how faith is intrinsically valuable. I show these accounts of faith diverge in what they take as the goal of the Christian life: personal relationship with God or an external state (...) of affairs. For this reason, more seriously, the non-cognitivist project likely requires rejecting traditional Christianity and its picture of salvation. (shrink)

It is well known that there is a shortage of human ova for in vitro fertilization (IVF) purposes, but little attention has been paid to the way in which the demand for ova in stem-cell technologies is likely to exacerbate that shortfall and create a trade in human eggs. Because the 'Dolly' technology relies on enucleated ova in large quantities, allowing for considerable wastage, there is a serious threat that commercial and research demands for human eggs will grow exponentially from (...) the combination of these two pressures. In the absence of legal regulation in the United Kingdom, and in the context of a globalized trade in human organs, we face a 'Wild West' situation in genetic and biotechnological research that involves human ova. (shrink)

Abstract Gender and Ethics Committees: Where’s the Different Voice? -/- Prominent international and national ethics commissions such as the UNESCO Bioethics Commission rarely achieve anything remotely resembling gender equality, although local research and clinical ethics committees are somewhat more egalitarian. Under-representation of women is particularly troubling when the subject matter of modern bioethics so disproportionately concerns women’s bodies, and when such committees claim to derive ‘universal’ standards. Are women missing from many ethics committees because of relatively straightforward, if discriminatory, demographic (...) factors? Or are the methods of analysis and styles of ethics to which these bodies are committed somehow ‘anti-female’? It has been argued, for example, that there is a ‘different voice’ in ethical reasoning, not confined to women but more representative of female experience. Similarly, some feminist writers, such as Evelyn Fox Keller and Donna Haraway, have asked difficult epistemological questions about the dominant ‘masculine paradigm’ in science. Perhaps the dominant paradigm in ethics committee deliberation is similarly gendered? This article provides a preliminary survey of women’s representation on ethics committees in Eastern and Western Europe, a critical analysis of the supposed ‘masculinism’ of the principlist approach, and a case example in which a ‘different voice’ did indeed make a difference. (shrink)

Jeremiah Carey presents a version of panentheism which he attributes to Gregory Palamas, as well as other Greek patristic thinkers. The Greek tradition, he alleges, is more open to panentheistic metaphysics than the Latin. Palamas, for instance, hold that God’s energies are participable, even if God’s essence is not. Carey uses Palamas’ metaphysics to sketch an account on which divine energies are the forms of created substances, and argues it is open to Orthodox Christians to affirm that God is in (...) all things as their formal cause. I argue Carey’s reading is premised on a superficial examination of the patristic literature. More importantly, Palamas’ metaphysics is opposed to that of Carey, since Palamas’ distinction aims to uphold that created persons are only contingent participants in God. On this, Palamas and the Latins are in complete accord. In conclusion, I propose panentheistic metaphysics begins from a false dilemma. (shrink)

Whether intentional suppression of an unpleasant or unwanted memory reduces the ability to recall that memory subsequently is a contested issue in contemporary memory research. Building on findings that similar processes are recruited when individuals remember the past and imagine the future, we measured the effects of thought suppression on memory for imagined future scenarios. Thought suppression reduced the ability to recall emotionally negative scenarios, but not those that were emotionally positive. This finding suggests that intentionally avoiding thoughts about emotionally (...) negative episodes may inhibit representations of those memories, progressively reducing their availability to recall. (shrink)

There has been a troublesome anomaly in the UK between cash payment to men for sperm donation and the effective assumption that women will pay to donate eggs. Some commentators, including Donald Evans in this journal, have argued that the anomaly should be resolved by treating women on the same terms as men. But this argument ignores important difficulties about property in the body, particularly in relation to gametes. There are good reasons for thinking that the contract model and payment (...) for gametes are both inappropriate, and that a model based on altruism should be applied to both sexes. (shrink)

Consensus statement by UK teachers of medical ethics and law.

Yong Huang presents criticisms of Neo-Aristotelian meta-ethical naturalism and argues Zhu Xi’s Neo-Confucian approach is superior in defending moral realism. After presenting Huang’s criticisms of the Aristotelian metaethical naturalist picture, such as that of Rosalind Hursthouse, I argue that Huang’s own views succumb to the same criticisms. His metaethics does not avoid an allegedly problematic ‘gap,’ whether ontological or conceptual, between possessing a human nature and exemplifying moral goodness. This ontological gap exists in virtue of the fact that it is (...) possible for there to be bad people, and the conceptual gap exists in virtue of the fact that people are not ‘good’ (in that sense of being a good agent) merely because they are human. Aristotelians and Confucians both should reject that such gaps are problematic. I conclude by proposing that Huang is better understood as criticizing the Aristotelian move from scientific-empirical facts about human nature to the objective prescriptivity of moral norms. But so too I argue that Confucians should not follow Huang here either. There is good scientific evidence that would be supportive of a Confucian analysis of social virtues and provide one way of responding to those worries about the scientific-empirical accessibility of facts about the good life. (shrink)

I will argue that the natural law theory of morality, when extended into a political theory of justice, results in a picture of political justice much like that of public reason liberalism. However, natural law political theory, I argue, need not entail a natural law theory of morality. While facts about what societies ought to do supervene upon facts about what is good for human beings, there are distinct goods involved and distinct reasons for action. Rather, considerations taken from the (...) common good as guiding public policy results in a two-layer approach to public reasonability, resembling features of both consensus and convergence accounts of public reason. Consequently, the differences between natural law and classical public reason liberalism are significant but are not as significant as might have otherwise appeared. In fact, natural law political theory might be a more consistent development of the idea of a public reason than those of classical liberalism. (shrink)

Public reason liberalism is the political theory which holds that coercive laws and policies are justified when and only when they are grounded in reasons of the public. The standard interpretation of public reason liberalism, consensus accounts, claim that the reasons persons share or that persons can derive from shared values determine which policies can be justified. In this paper, I argue that consensus approaches cannot justify fair educational policies and preserving cultural goods. Consensus approaches can resolve some controversies about (...) teaching values in the educational system, such as curriculum choice. But they cannot determine which culture goods, e.g., architecture, artwork, or language ought to be preserved in the education system. Consensus approaches cannot fairly resolve competing claims about these kinds of disputes. -/- I propose that convergence accounts of public reason, which allow individuals to draw on their own comprehensive doctrines in limited ways, can remedy these weaknesses in the mainline public reason tradition. The convergence approach can justify a pluralist state that can advance valuable community goods. John Henry Newman’s advocacy of liberal arts education finds resonance in other cultures, notably among Confucians, illustrating that there can be a shared moral vision and inquiry into the good life across deep substantive disagreements about educational values and policies, once we expand our notion of justification to be more inclusive. (shrink)

For a long time, discussion about scarce health care resource allocation was limited to allocation of medical resources, with the paradigmatic case being kidney transplants. This narrow focus on medical resource prevents us from seeing that there are many cases-- perhaps even the majority--in which time is the real scarce resource, particularly nurse time. What ethical principles should apply to nurse time as a scarce health care resource?

Retributive theories of punishment hold that moral desert is a necessary and sufficient condition for punishment. This principle has been justified in light of rectifying a 'balance of justice' upset by wrongdoing. Many opposed to retributivism, such as Nussbaum, have argued such a ‘balance’ is nothing more than ‘magical’ thinking and retributivism is, in fact, positively harmful. On the contrary, I will argue that there is a compelling way to make sense of that intuition. The Chinese Neo-Confucian tradition and medieval (...) Latin theologian Thomas Aquinas hold that moral wrongs upset a normative order of relationships and, in this respect, disrupt the order that ought to exist in the human community. Despite criticisms that retributivism about punishment requires outlandish metaphysical assumptions, I therefore propose the theory remains plausible without any such appeal. (shrink)

What does it mean to respect autonomy and encourage meaningful consent to treatment in the case of patients who have dementia or are otherwise incompetent? This question has been thrown into sharp relief by the Law Lords' decision in R.v Bournewood Community and Mental Health NHS Trust, ex parte L.

The feminist movement may seek democratization on a global scale, but women are still hampered by a democratic deficit in terms of economic and political power. On the other hand, global feminist networks and new expanded forms of non-territorial political space do appear to be increasing democratic participation for women.

This chapter critically examines two frequently found assumptions in the debate about trafficking for prostitution: 1. That the sale of sexual services is like the sale of any other good or service; 2. That by and large women involved in trafficking for prostitution freely consent to sell such services.

Jonathan Schaffer, among others, has argued that metaphysics should deal primarily with relations of " grounding. " I will follow John Heil in arguing that this view of metaphysics is problematic as it draws on ambiguous notions of grounding and fundamentality that are unilluminating as metaphysical explanations. I understand Heil to be arguing that grounding relations do not form a natural class, where a 'natural' class is one where some member of that class has (analytic or contingent a posteriori) priority (...) among others and explains order among other members in the class. To strengthen Heil's criticism that grounding is a non-natural class of relations, I will draw on an unlikely ally. St. Thomas Aquinas's " analogy of being " doctrine, if accurate, offers reasons that no categorical relations (like grounding relations) form a natural class. (shrink)

In this article I evaluate a resurrected French resistance movement--to biotechnological commodification. The official French view that ‘the body is the person’ has been dismissed as a ‘taboo’ by the French political scientist Dominique Memmi . Yet France has indeed resisted the models of globalised commodification adopted in US bioechnology, as, for example, when the government blocked a research collaboration between the American firm Millennium Pharmaceuticals and a leading genomics laboratory, le Centre d’Etude du Polymorphisme Humain, on the grounds the (...) ‘French DNA’ should not be given away. -/- This example, however, itself suggests why the ‘new French Resistance’ is not altogether liberating. The absolutist conception of all bodies as belonging to the French state—indeed, as constituting the body politic —is so potentially invasive that a counter-ideology of inviolability of the body is maintained assiduously. This inviolability is defended particularly strongly against commercialisation, but only at the moment when tissue is taken from the individual subject, who is not to be paid or compensated-- although commercial enterprises who subsequently use the tissue are not similarly constrained. -/- . (shrink)

How can we allocate scarce health care resources justly? In particular, are markets the most efficient way to deliver health services? Much blood, sweat and ink has been shed over this issue, but rarely has either faction challenged the unspoken assumption behind the claim made by advocates of markets: that efficiency advances the interests of both individuals and society. Whether markets actually do increase efficiency is arguably a matter for economists, but the deeper ethical question is whether efficiency is the (...) correct criterion, in terms of social justice and individual needs. (shrink)

Reproductive ageing has effects on individual and public health, now and in generations to come. This volume of presentations from a conference at the Royal College of Obstetricians and Gynaecologists brings together a diverse but timely set of contributions.. in ny chapter I specifically examine the responsibilities of the College to women outside normal reproductive age.

Does advocating women's reproductive rights require us to believe that women own property in their bodies? In this chapter I conclude that it does not. Although the concept of owning our own bodies — ‘whose body is it anyway?’ — has polemical and political utility, it is incoherent in philosophy and law. Rather than conflate the entirely plausible concept of women’s reproductive rights and the implausible notion of property in the body, we should keep them separate, so that the weakness (...) of the second concept does not contaminate the purity of the first. (shrink)

The spread of liberal individualism to the family is often portrayed as deeply inimical to the welfare of children and young people. In this view, the family is the bastion of the private and the antithesis of the contractual, rights-oriented model that underpins public life. This chapter examines that proposition critically.

Until very recently the question of who owns embryonic or fetal tissue was of limited importance to clinicians, but advances in stem cell research have made such tissue commercially valuable. This chapter examines the legal and ethical basis of claims to property in embryonic or fetal tissue, taking a critical stance.

With the highest profile seller of $99 genetic tests under fire, will public trust in personalised medicine suffer?

Guidelines on embryo storage prioritise 'respect for the embryo' above the wishes of the women whose labour and tissue have gone into creating the embryo in the first place, effectively making women and the female body disappear. In this article I draw a parallel between this phenomenon relating to embryo storage and other instances of a similar phenomenon that I have called 'the lady vanishes', particularly in stem cell and 'mitochondrial transfer' research. I suggest that a modified property regime could (...) protect women's interests in embryo storage, making a parallel with the Yearworth case, in which it was recognised that men had limited but actionable interests in their stored sperm.. (shrink)

A ‘should’ question normally signals work for an ethicist but this ethicist’s task is complicated by the normative dimension of all the chapters in this volume. Each author was asked to come up with three recommendations from their own subject area – ’should’ statements deriving from the ‘is’ analysis that they present. If those prescriptions cover the relevant topics, what more is there for an ethicist to do? I have had a personal interest in obstetricians’ relationship with ‘older women’ since (...) being classified as an ‘elderly primigravida’ at the superannuated age of 26 years. Apart from that, however, what original contribution can I make? The convenors of the 56th RCOG Study Group gave me plentiful suggestions – perhaps a little too plentiful: How should the RCOG approach its constituencies, medical ethics, regulation and its relationship to government and the rest of the medical profession, i.e. the NHS and the market, vested interests, individuals or consumers, families, the unborn, doctors, drug companies, surrogacy, the unborn, trafficking, global adoption, law, research? I have to admit this was just too much for me. Instead, I want to argue for what may seem a self-evidently simple point. The RCOG describes its mission as ‘setting standards to improve women’s health’ – presumably all women. In the 6 years that I have served on the RCOG Ethics Committee, however, we have almost always been concerned with that minority of the female population who are of reproductive age. (shrink)