Introduction to Political Philosophy

The Issue of Surrogate Motherhood

As you read the material for the next class, keep the questions below in mind. To answer these questions you will have to reflect critically on what you have read and possibly re-read important passages. Keep in mind that there are two basic kinds of information that you need to look for in the readings.

  1. What are the main points or conclusions that an author accepts with respect to a particular issue?
  2. What are the reasons or important considerations that lead the author to accept that conclusion?

For our purposes, it is information of the latter sort (2) that will be our primary concern since our most basic task is to evaluate the reasons that are offered to support accepting one possible conclusion about an issue, rather than another. Although I strongly suggest that you write out brief answers to these questions, you do not have to turn in written responses. You do, however, need to be prepared to speak intelligently to these issues in the next class meeting.

Reading:

  • Kyle Wood, “Brief on In the Matter of Baby ‘M’” (handout).
  • Richard Posner, “Selling Babies” (handout).
  • Elizabeth Anderson, “Is Women’s Labor a Commodity?” (handout).

Questions:

  1. How did the New Jersey Supreme Court justify its decision that mother surrogacy contracts are invalid?
  2. Posner claims that a market in babies would improve the current prize structure and have a positive impact on quality. How so?
  3. What restrictions does Posner propose to regulate the baby market? Would Nozick, Hayek, or Friedman view these as too restrictive?
  4. What is the “objection from symbolism” and how does Posner respond to it?
  5. According to Anderson, what defines a commodity? What reasoning would restrict one from treating a thing as a commodity?
  6. What four arguments in favor of surrogacy does Anderson consider? What arguments against these does Anderson provide?
  7. In the end, Posner and Anderson reach different conclusions. Both thinkers cannot be correct, so where precisely in their premises or inferences do they disagree?
  8. Who has the stronger and most convincing argument?

 

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