{"title":"The Necessary Arbitrariness in Drawing a Line: Something must be ‘Wrongful’","authors":"Ilyes Z.","doi":"10.4323/rjlm.2022.211","DOIUrl":null,"url":null,"abstract":": Could the life a disabled person be considered a legal injury? Can the courts compare existence and non-existence and find that in some cases the latter is preferable? Is there an asymmetry between ‘a life worth continuing’ and ‘a life worth bringing about’? In the last decades the so-called ‘wrongful life’ cases have raised a series of legal and moral problems. This essay attempts to shed light on some of the underlying problems that are specific to these atypical malpractice cases, to present with critical commentary a ‘wrongful life’ case from Romania, as well as to depict some solutions elaborated by philosophers or legal scholars. Finally, as novelty, in line with Benatar’s distinction between present-life and future-life cases, this short paper proposes thresholds for the admissibility of ‘wrongful life’ cases.","PeriodicalId":54450,"journal":{"name":"Romanian Journal of Legal Medicine","volume":null,"pages":null},"PeriodicalIF":0.4000,"publicationDate":"2022-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Romanian Journal of Legal Medicine","FirstCategoryId":"3","ListUrlMain":"https://doi.org/10.4323/rjlm.2022.211","RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"Medicine","Score":null,"Total":0}
引用次数: 0
Abstract
: Could the life a disabled person be considered a legal injury? Can the courts compare existence and non-existence and find that in some cases the latter is preferable? Is there an asymmetry between ‘a life worth continuing’ and ‘a life worth bringing about’? In the last decades the so-called ‘wrongful life’ cases have raised a series of legal and moral problems. This essay attempts to shed light on some of the underlying problems that are specific to these atypical malpractice cases, to present with critical commentary a ‘wrongful life’ case from Romania, as well as to depict some solutions elaborated by philosophers or legal scholars. Finally, as novelty, in line with Benatar’s distinction between present-life and future-life cases, this short paper proposes thresholds for the admissibility of ‘wrongful life’ cases.
期刊介绍:
The Romanian Journal of Legal Medicine, the official publication of the Romanian Legal Medicine Society, is devoted to the publication of the original investigations, observations, scholarly inquiries and reviews in the various branches of the forensic sciences.
These include forensic pathology and histochemistry, clinical forensic medicine, medical malpractice, traffic medicine, chemistry, biochemistry, thanatochemistry, clinical and forensic toxicology, alcohology, biology (including the identification of hairs and fibres), the physical sciences, firearms, and document examination, physical anthropology, serology, forensic genetics and paternity (with special emphasis on recent advances in DNA technology and PCR), forensic psychiatry and behavioral sciences, forensic odontology, law and ethics, history of forensic sciences. RJLM also includes similar submissions dealing with forensic-oriented aspects of the social science and the area where science and medicine interact with the law.