Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Wednesday, June 20, 2007

Wrongful Life Suits

I've always been troubled by wrongful life lawsuits and their "better off dead" premise.  Victoria Springer argues in a paper recently posted on SSRN that "[s]ocial psychological models of health behavior and evolutionary theory, including inclusive fitness, parental investment, the theory of reasoned action, and the theory of planned behavior" all support "the claim that a child, due to its severe defects, could be 'better off dead' and that the mother would have willingly terminated the pregnancy if full information was disclosed."  I suppose we can take some solace in the fact that the author admits that "not all disabled individuals are lesser evolutionary beings or that any impaired ability to reproduce invevitably or irreparably condemns an individual to a 'negative' fitness score," (important because "the only way to balance the negative fitness score [is] to take one's self out of the equation entirely").  The article can be accessed here.

https://mirrorofjustice.blogs.com/mirrorofjustice/2007/06/wrongful_life_s.html

Stabile, Susan | Permalink

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