Does the rejection of wrongful life claims rely on a conceptual error?

Paul Muriithi, Paul Mũtuanyingĩ Mũrĩithi

Research output: Contribution to journalArticlepeer-review

Abstract

There are four major arguments raised against wrongful life claims: first, that it is impossible to establish harm in wrongful life claims; second, that wrongful life claims are illogical or incoherent; third, that life is inviolable and sacred no matter the quality; and fourth, that there are no rights and duties towards non-existent persons. In this paper, I will examine and evaluate critically the first two arguments. I will reject these objections against wrongful life claims and demonstrate that they rely on a conceptual error/mistake. In doing so, I will reject the logic of comparing existence with non-existence in wrongful life claims. Instead, I will maintain that recognition of the infant's cause of action and recognition of the infant's harmed condition need not imply any preference for non-existence over existence, and it need not to be so severe as to make life not worth living. I will conclude by briefly giving an account of what seems to me to be the right conception of what it is to be harmed.
Original languageEnglish
Pages (from-to)433-436
JournalJournal of Medical Ethics
Volume37
DOIs
Publication statusPublished - Feb 2011

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