Bioethics Keyterms

saphire16's version from 2017-08-10 01:36

Keywords A

Question Answer
ABSOLUTE GOODSGoods that one would want to have even if everyone else were to have them. An example of this is immunity to disease. Most goods are a mix of absolute and positional.
ACTIVE REGISTRYA sperm donor registry that contacts the child at the requisite age to inform the child that he or she was donor-conceived, and to provide the child with information about his or her donor.
ADAMANTIUMA fictional metal alloy that is used in the Marvel comic books to enhance the strength of Wolverine's skeleton, giving him unbreakable strength. A hypothetical injection of such a substance is an example of a human enhancement.
AFFECTIVE FORECASTINGThe prediction of one’s future emotional state. Some argue that humans are generally bad at this, often failing to accurately predict how they will feel about something in the future.
ALTERING RULEA rule that changes a situation in a way which makes the default rule not apply. For example, if there is a default rule that A cannot park in B’s parking spot, an altering rule might be a contract by which A and B agree that A may park in B’s parking spot under certain circumstances
ANTI-CONTRACTUALISTObjections to surrogacy based on the validity of the contractual arrangement. These objections are based on the premise that the contract is invalid for some reason or another – for instance, that the surrogate lacked the ability to consent, or was otherwise coerced into signing the contract.

Keywords B

Question Answer
BEST INTEREST OF THE RESULTING CHILD (BIRC)A theory of argumentation which relies on the welfare of the child produced to justify policies and regulations. For example, an argument that unwed parents should not reproduce because of the possible negative effects it may have on the child relies upon BIRC reasoning.
BREACHFailure to perform a legal duty owed to another. For example, if a doctor is legally required to inform patients of the risks of a medical procedure, but does not, that constitutes a breach of that duty. This can also refer to the failure to perform a contractual obligation (i.e., "she breached the contract).

Keywords C

Question Answer
CASE OF ACTIONA claim of wrongdoing which a court of law recognizes. In other words, a cause of action is legally recognized legal theory on which one can bring a case. For example, if Ally hits Betty, Betty has a cause of action of battery against Ally, because hitting is a wrong doing courts of law recognize as sufficient to bring a suit for battery.
CHIMERAA individual composed of cells with different embryonic origins. For example, a mouse that was genetically engineered to grow a human ear on it's back would be a chimera.
COERCIONForcing a party into an adverse or unfair transaction by taking advantage of the party's situation. For the purpose of our course this expression is used to refer to forcing lower-income parties into adverse or unfair transactions by taking advantage of their economic need- the parties have no reasonable alternatives to the transactions in light of their financial situation.
CONSEQUENTIALIST CORRUPTIONThe degradation of a societal value that occurs when our attitudes or sensibilities change in response to allowing a particular practice- for example, a consequentialist corruption argument against prostitution or surrogacy might be that going forward we would begin to regard each other as objects with prices rather than as persons.
CONTRACT A written or spoken agreement that is intended by both parties to be enforceable by law. Contracts must be negotiations; that is, both parties must give something, be it money or a service. Offers for gratuitous gifts are not ordinarily enforceable.
CORRUPTIONThe alteration or denigration of a societal conception or value. For example, some argue that commoditizing organs has a corrupting influence by denigrating the value or special significance society gives to human organs by treating them like a consumer good.
CRISPR/CAS9Developed at Harvard and MIT, CRISPR/CAS9 are technologies used to edit the human genome. Their potential for use in genetic enhancements has raised ethical concerns.
CROWDING OUTThe idea that allowing the sale of a good will decrease the supply of the good in some way. In the context of organ selling, the most common crowding out concern is that allowing organ sales will decrease the number of altruistically donated organs.

Keywords D

Question Answer
DAMAGESThe monetary award paid by the liable party in compensation for the harm done to the injured party in a civil lawsuit.
DEFAULT RULEA rule that applies unless the parties explicitly decide that a different rule should apply in its place. Meaning, the rule automatically fills in the "blanks," but can be overridden. For example, the default rule is that the genetic father is the legal father of a child, but parties may in some circumstances be able to contract around the default rule and make someone who is not the genetic father the legal father (Week 4).
DETERRENCEThe use of threatened punishment to discourage individuals from taking an undesired action. Deterrence is one of the reasons some crimes result in severe sentences; the hope is that the harsh punishment will lead some to opt not to commit the crime.
DUTYA legal obligation owed by one party to another. For example, if a doctor is legally required to inform patients of the risks of a medical procedure, that constitutes a duty.

Keywords E

Question Answer
ENHANCEMENTHuman enhancement is any attempt to temporarily or permanently overcome the current limitations of the human body. Enhancement may be biological, or like Google Glasses, may not be biological at all. Within the biological category, the enhancement may be genetic (meaning, accomplished through some manipulation of the human's genetic code) or non-genetic (for example, using Ritalin).
EUGENICSThe idea that certain genetic traits are more valuable than others, and should be selective for to improve the gene pool.
EX ANTEBefore the event. For example, what a surrogate wanted before she became pregnant.
EX POSTAfter the fact. For example, what a surrogate wanted after she became pregnant of delivered the baby.
EXPLOITATIONThe act of unduly benefiting at the expense of another, often through an unfair transaction. It comes in mutually beneficial and harmful varieties. For example, if A is having an allergic reaction, and B has an EpiPen (a necessary, often life-saving treatment for allergic reactions), it would be exploitation for B to sell the EpiPen to A for $1,000,000, because B is benefiting by taking advantage of A’s situation, forcing A into a transaction A would not otherwise accept.
EXTRATERRITORIALITYThe extension of a sovereign jurisdiction’s laws beyond its territorial borders.

Keywords G

Question Answer
GENETIC PARENTHOODThe people whose sperm and egg were used to create the embryo that later becomes the child. The genetic parent may be a legal and gestational parent, but they also may not be (for example, an anonymous sperm donor who has surrendered all legal rights to the child).
GESTATIONAL PARENTHOODThe person (really, the mother) who carried and gave birth to the child. A gestational parent may be the legal and/or genetic parent, but they also may not be (for example, a gestational surrogate who lacks a genetic connection to the child and and has surrendered parental rights).
GESTATIONAL SURRAGACYA surrogacy arrangement in which the surrogate does not contribute an egg to the embryo. Rather, the surrogate is implanted with a fertilized embryo and shares no genetic connection to the child that is born. Gestational surrogacy always requires the aid of a medical professional.

Keywords H and I

Question Answer
HARMFUL EXPLOITATIONThe act of unduly benefiting at the expense of another, often through an unfair transaction, when the other party is worse off after the interaction.
IDENTITY RELEASEA sperm donor arrangement in which the donor provides his information to a registry that the child can then access (sometimes only when they turn 18). This is in contrast to anonymous sperm donor arrangements, in which the children do not have access to the donor's identity.
IN RE: BABY MA 1988 case in which Mary Beth Whitehead, a traditional surrogate, tried to keep the child, Baby M, despite her surrogacy contract with the genetic father and the intended mother (the Sterns). The New Jersey court invalidated the surrogacy contract, ruling it invalid for public policy, and made Ms. Whitehead Baby M's legal mother. A different court later awarded custody to Mr. Stern using a "best interests of the child" analysis. This result stands in contrast to Johnson v. Calvert, in which the California court found surrogacy contracts to be valid.
INTENDED PARENTSThe parents who it is intended by the parties to rear the child. For example, in surrogacy the genetic parents typically are the intended parents, since surrogacy is undertaken with the idea that they will be the ultimate parents.
INTENTIAL DIMINISHMENTPositively selecting embryos through preimplantation genetic testing that have a trait which most would parents would not select for, such as deafness.
INTRACYTOPLASMIC SPERM INJECTION (ICSI)An in-vitro fertilization procedure in which one sperm is directly injected into a single egg to fertilize it.
INTRISTIC CORRUPTIONUnder this conception of corruption, an intervention is justified when there is an inherent incompatibility between the object and the way we evaluate it; meaning, the wrongfulness of an action is completed at the moment the action is, regardless of the consequences. For example, this view supports intervention regardless of whether human enhancement produces undesirable consequences.
INVOILABILITYA status given to an entity such that it is impermissible to kill or harm it without a justifying reason.

Keywords J and K

Question Answer
JOHNSON V. CALVERTA 1993 case in which Anna Johnson agreed to act as a gestational surrogate to a married couple, Mark and Crispina Calvert. Johnson agreed be implanted with an embryo formed from the Calverts' sperm and egg. After giving birth, Johnson threatened to keep the baby unless she was paid, leading the Calverts to ask the court for a declaration of their legal parenthood. The California Supreme Court ruled that the surrogacy contract was valid, and that although Johnson carried the child, Mrs. Calvert was its natural mother, as she had intended to raise the child. This result may be contrasted to the one in In re: Baby M, in which the New Jersey court invalidated a surrogacy contract.
JUSTIFIED PATERNALISMThe justified interference by the state or an individual in another’s decision making, generally justified by framing the intervention as protecting the individual from making the wrong decision. For example, a law forbidding placing children up for adoption on the grounds that the birth parents will later regret the decision could be construed as justified paternalism.
KALDOR HICKS EFFICIANTLYWhen one party benefits from a change in the status quo, and other parties that are potentially made worse off by that decision can be compensated to the extent they’ve been made worse off in order to be made whole. The gains are larger than the losses, but the distribution of winners and losers may change.

Keywords L

Question Answer
LEGAL PARENTHOODThe people who are recognized by the law as a child's parents. A legal parent may be the gestational and/or genetic parent, but they also may not be (for example, someone who adopts a child is a legal but not genetic or gestational parent).
LIABILITYLegal responsibility. Someone is liable for a harm suffered by a party when he or she is legally and financially responsible for that harm.
LIBERTARIAN PaternalismThe idea that public or private institutions could nudge people in ways that would make their lives better, without actually limiting the freedom of choice. In the enhancement context, this could take the form of requiring people to go through counseling before undergoing an enhancement, but not actually banning enhanceme
LIFE WORTH LIVINGA life not worth living is a life so full of suffering that non-existence would be preferable. Traditionally, only those with the most devastating illnesses, such as Tay-Sachs Disease or Lesch-Nyhan Syndrome, are considered to have lives not worth living, and even those cases are controversial.

Keywords M and N

Question Answer
MAJORITARIAN DEFAULT RULESetting a default rule that the majority of parties would select were they to be asked.
Mutually Advantageous ExploitationThe act of unduly benefiting at the expense of another, often through an unfair transaction, when the other party is not left worse off after the interaction, but the benefits of the interaction were allocated unfairly to the exploiting party.
Negative SelectionThe screening out of adverse genetic disorders after preimplantation genetic testing. For example, if A and B test the embryos they plan to use for IVF, and proceed to not use any of the embryos identified as having a genetic disorder, that would be negative selection.
Non-identity ProblemThe idea that individuals are not made worse off by being born unless they can be said to have a life not worth living. According to the non-identity problem, one cannot be said to harm a child by bringing it into existence and thereby justify interventions that would lead to that child never being born in the first place, unless the child’s life would be so bad it would not be worth living.