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Discussion Paper on Surrogacy Contracts

Discussion Paper on Surrogacy Contracts - Kalynn Smith...

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Kalynn Smith Philosophy of Law Cohen: Honors April 7, 2008 Discussion Paper on Surrogacy Contracts Wertheimer, Alan . "Two Questions of Surrogacy and Exploitation." Philosophy and Public Affairs 21.3(1992) 211-239. 02 Apr 2008 Alan Wertheimer’s purpose in examining surrogacy contracts is to determine: “(1) is surrogacy exploitive? (2) If surrogacy is exploitive, what is the moral force of this exploitation?” (212). Wertheimer wishes to investigate the arguments frequently offered against surrogacy contracts in order to determine their validity. He believes that most of the arguments proposed by the opposition lack sufficient evidence. Wertheimer’s purpose is not to endorse any legal action for or against surrogacy; he merely wishes to review the arguments about surrogacy. Wertheimer defines the term exploitation as when party X “takes unfair advantage” of party Y (213). He believes exploitive actions have two dimensions: a dimension of value and a dimension of choice . The dimension of value requires that party X must profit must profit from its agreement with party Y in order for the transaction to be considered exploitive. The dimension of choice necessitates a restriction of party Y’s free will in order to establish exploitation. Wertheimer further qualifies his definition to state that exploitation does not necessarily need to inflict harm upon party Y. Opponents of surrogacy claim that surrogate contracts give rise to three different types of exploitive relationships. According to challengers, the relationship must produce
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harmful exploitation, mutually advantageous exploitation, or moralistic exploitation . Assuming (as the opposition does) that exploitation is an unavoidable consequence of surrogacy contracts, Wertheimer identifies the evidence and the claims for each of the three forms of exploitation.
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