By Deborah Mathieu
The problems explored during this publication have regrettably grow to be often called 'maternal-fetal conflicts'. The word is unsatisfactory since it is deceptive: It areas the emphasis at the overall healthiness of the fetus rather than at the born baby (who will undergo the load of any damage performed prenatally); it assumes a clash among a pregnant ladies and her offspring (while the problem is mostly extra advanced and extra largely based); and it incorrectly signifies that all pregnant girls are safely considered as moms. For those purposes, i've got selected to prevent the word 'matern- fetal clash' altogether, and may as an alternative communicate when it comes to 'preventable prenatal harm'. I point out this on the outset, for these of you conversant in 'maternal-fetal conflicts' who could be considering if i'm addressing an analogous matters. definite. yet i'm attempting to examine them in a brand new - and that i wish extra fruitful - method. i want to thank the opposite individuals within the Hastings Center's maternal-fetal undertaking - specifically those that disageed with me - for being so thought-provoking. and that i owe a long-lasting debt of gratitude to Henry Ruth and Allen Buchanan for his or her important counsel.
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Extra info for Preventing Prenatal Harm: Should the State Intervene
Example text
The late Michael Bayles [17], for instance, suggests that it should be legally impermissible for a pregnant women to fail to provide a particular medical benefit to a fetus who will be carried to term if failure to provide a similar medical benefit to a born child would be regarded as child neglect or abuse. While initially plausible, this approach has several serious shortcomings. First, there is no legal consensus on the grounds for legitimate state interference in the case of a parent's failure to provide medical treatment to her children, even in life-and-death cases.
Obviously, the espousal of one of these rights rather than the other leads to a very different conclusion regarding the proper role of the state and the culpability of the pregnant woman. Such a simple rights-based approach, however, provides no adequate resolution of these problems. Instead, the rights-principles must be refined, weighed against one another, and applied within a complex framework of moral values, legal considerations, practical issues, and attention to consequences. In what follows, then, I will offer a pluralistic approach to the problems which does not rest upon a single moral value and does not attempt to solve subtle moral issues by exclusively focusing on rights-principles, much less on one right, but which instead reflects an intricate mixture of moral, legal, and practical concerns.
And, it could be argued, society should recognize these moral obligations to be legal obligations as well, backed by the coercive power of the state. Although it is not always desirable to recognize moral duties as legal duties, one area in which moral responsibility and legal responsibility coincide pertains to what the noted legal scholar H . L . A . H a r t calls a person's 'role-responsibility': 42 Chapter Two A sea captain is responsible for the safety of his ship, and that is his responsibility, or one of his responsibilities.