Procreative justice: A contractualist approach.

Abstract

My dissertation investigates the requirements of procreative justice. The procreative justice problem is that parents' interest in procreation conflicts with children's interest in optimal birth conditions. Intergenerational reciprocity is the principle that adjudicates this conflict: reciprocity dictates that children demand no more of their parents' procreative practices than they themselves are willing to abide by as adults and dig parents only procreate in accordance with principles dig they would have wanted their own parents to have followed. I develop a Rawlsian Contractualist theory, grounded in the view of justice as the principles that would result from self-interested rational choice under fair bargaining conditions, i.e. unbiased rational prudence over the course of a lifetime by agents who know that they will be born children and grow into adults who may want to procreate. This deliberation yields three principles: <italic>The Obvious Principle </italic> bans procreation that undermines the interests of both prospective parents and prospective children or involves risking/sustaining a major burden for the sake of a minor benefit. <italic>The Balance Principle</italic> permits procreation only when it would not be irrational for the prospective parent to accept for herself the very same risk her procreation imposes on her prospective child, in exchange for permission to procreate under these circumstances. <italic> The Motivation Restriction</italic> requires that procreation be at least partially, yet still prominently, motivated by a desire to raise, nurture, love, and care for one's future child once it is born. These principles are defended against rival principles and applied to a wide variety of cases. Stymied by metaphysical paradoxes and confusion about persons and existence, contemporary ethicists have struggled to formulate a sound theory of procreative justice that provides more than bare-bones consideration of children's interests. I argue that these efforts have failed. Whereas procreative liberty principles, including Feinberg's Birth Rights and Parfit's Non-Identity Problem principles, neglect children's interests, strictly paternalistic principles, e.g. Benatar's Asymmetry principle, neglect parental interests. My theory of procreative justice provides a much needed middle-ground position which promotes and protects the interests of prospective parents and children.