| |
TamarLisbonaFirstEssay 4 - 05 Jun 2016 - Main.EbenMoglen
|
|
META TOPICPARENT | name="FirstEssay" |
| | In the end, I am left in stuck between two ideological positions that both have merit. On the one hand, I know that we, as lawyers, have a duty to protect women from exploitative work environments, and, we, as people, also have the responsibility to protect our social institutions from commodification. Yet, given the circumstances, prohibition would deprive many women of work they might not otherwise get. This seems extreme and unfair. Balancing these two positions, I would support proper government regulation designed to guarantee the health, safety, and welfare of the gestational carrier, as well as unionization to ensure that gestational carriers be paid fair wages in changing economic times. Certain measures such as price floors for service, standardization of medical practices, and legal actions carriers could raise against genetic parents or healthcare providers in court could help reduce the occurrence of exploitative scenarios.
| |
> > | A big step forward,
certainly. The focus, and some of the reading that resulted from
the Googling, was very useful. I don't think the question ever
needs to be asked in the form whether John Locke is for or against
gestational surrogacy. He would have perceived a direct connection
to the common law of bastardy that is less immediately evident to
us.
The strength that you gain from being in contact with more complex
positions is partly diffused by the framing, which is still in the
form of "yes" or "no," Peggy Radin v. I-don't-know-who. This is a
necessary perspective, but not the only useful one. What your
exposure to these and some other positions (I missed John Stuart
Mill, for example) now prepares you to ask what we are really
discussing. Skipping the big words, is our question how to do this
right, or whether doing this is wrong? Are we asking how to achieve
the greater good while avoiding so far as is consistent with doing
so the development of "exploitative scenarios"? Or are we asking
whether this is exploitation?
Unlike the discussion about whether this or that should be permitted
or prohibited, the dialogue between consequentialist and
deontological positions neither can nor should be concluded. What
the essay would benefit from, then, isn't coming to an incomplete
conclusion, but rather reflecting more fully the nature of our
irresolution.
| | \ No newline at end of file |
|
|
|
This site is powered by the TWiki collaboration platform. All material on this collaboration platform is the property of the contributing authors. All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
|
|
| |