By John A. Robertson
ISBN-10: 0691033536
ISBN-13: 9780691033532
ISBN-10: 1400813131
ISBN-13: 9781400813131
Cloning, genetic screening, embryo freezing, in vitro fertilization, Norplant, RU486--these are the applied sciences revolutionizing our reproductive panorama. in the course of the lens of procreative liberty--meaning either the liberty to choose even if to have kids in addition to the liberty to manage one's reproductive capacity--John Robertson, a number one criminal bioethicist, analyzes the moral, criminal, and social controversies surrounding every one significant know-how and opens up a mess of interesting questions: Do frozen embryos have the precise to be born? should still mom and dad be allowed to pick offspring characteristics? could a central authority strength welfare recipients to take contraceptives? Robertson's arguments study the extensive diversity of results of every reproductive know-how and gives a well timed, multifaceted research of the competing pursuits at stake for sufferers, undefined, medical professionals, policymakers, legal professionals, and ethicists.
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Sample text
Yet some people have challenged this notion, arguing that there is no legal right to reproduce if one lacks the physical ability to do so. But consider the analogous effect of blindness on the First Amendment right to read books. Surely a blind person has the same right to acquire information from books that a sighted person has. The inability to read visually would not bar the person from using braille, recordings, or a sighted reader to acquire the information contained in the book. Because receipt of the book’s information is protected by the First Amendment, the means by which the information is received does not itself determine the presence or absence of First Amendment rights.
As a matter of constitutional law, procreative liberty is a negative right against state interference with choices to procreate or to avoid procreation. It is not a right against private interference, though other laws might provide that protection. 3 The exercise of procreative liberty may be severely constrained by social and economic circumstances. Access to medical care, child care, employment, housing, and other services may significantly affect whether one is able to exercise procreative liberty.
This test allows states considerable elbow room to discourage abortion through waiting periods, informed consent, and other regulatory requirements. The result is a modified pro-choice position that is likely to dominate ethical, legal, and popular thinking about abortion for the foreseeable future. An important influence in the current situation is the increasing attention being paid to nuances of prenatal biology. The spread of in vitro fertilization has helped to focus attention on the earliest stages of human life.
Children of Choice by John A. Robertson
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