Andrew Botterell

According to Rivka Weinberg, gametes are like enriched uranium: both are hazardous materials. Exposing human beings to enriched uranium can result in radioactivity and decreased life expectancy, while exposing sperm and ova to each other can result in the creation of needy innocent persons with full moral status. Weinberg argues that when we engage in activities that put our gametes at risk of joining with others and growing into persons, we assume the costs of that risky activity. She calls this the Hazmat Theory of parental responsibility. The theory is novel and important, and has far-reaching consequences for the ethics of procreation, parenting, and population, implying among other things that that the only way to avoid acquiring parental responsibilities may be to “abstain from sexual intercourse or surgically interfere with our gamete-release system.” For these reasons the theory merits careful scrutiny. In this article I criticize the theory's account of how parental responsibility is acquired and its treatment of the standard of care expected of gamete possessors, and argue that it fails to properly account for a distinction between procreative costs and parental responsibility. Even if gametes are hazardous, it does not follow that parental responsibility in Weinberg's sense is acquired whenever one brings new persons into existence.

Neil Campbell has argued that certain problems with the doctrine of psycho-physical supervenience can be overcome if supervenience is viewed as a relation between predicates rather than as a relation between properties. Campbell suggests that, when properly understood, this predicate version of supervenience "expresses a form of psycho-physical dependence that might be useful to those who wish to argue for a supervenience-based physicalism”. In this note I indicate why I think we ought to resist this suggestion. First, I argue quite generally that any appeal to a distinction between predicates and properties is irrelevant to issues concerning physicalism and supervenience. And, second, I argue that Campbell's own predicate version of supervenience fails to capture a notion of dependence that physicalists are likely to find useful. I conclude that viewing supervenience as a relation between predicates does not help in articulating a more plausible version of physicalism.

This paper is about the remedy of disgorgement for breach of contract. In it I argue for two conclusions. I first argue that, prima facie at least, disgorgement damages for breach of contract present something of a puzzle. But second, I argue that if we pay close attention to the notion of contractual performance, this puzzle can be resolved in a way that is consistent with principles of corrective justice. In particular, I suggest that even if a contract gives the promisee a right to only the promisor's performance of the contract, such a right can sometimes entail the acquisition by the promisee of certain rights of ownership. And in situations in which such rights are acquired, the disappointed promisee is entitled to the gains realized by the promisor in breach of contract by reason of the fact that such gains are something to which the promisee has an antecedent right.

My goal in this paper is to argue that the principled approach to hearsay is consistent with the rule of law. I begin by contrasting an instrumental conception of the rule of law with a conception that views the rule of law in primarily normative terms. I then turn my attention to a recent criticism of the Supreme Court of Canada’s principled approach to hearsay and suggest that if Michael Oakeshott’s normative interpretation of the rule of law is adopted, there is no tension between the principled approach to hearsay and the rule of law.

The status quo on parental licensing in most Western jurisdictions is that licensing is required in the case of adoption but not in the case of assisted or unassisted biological reproduction. To have a child via adoption, one must fulfill licensing requirements, which, beyond the usual home study, can include mandatory participation in parenting classes. One is exempt from these requirements, however, if one has a child via biological reproduction, including assisted reproduction involving donor gametes or a contract pregnancy. In an earlier paper, we challenged this system of parental licensing by showing that arguments in favour of it do not succeed. One argument we failed to consider, however, is that prospective biological parents have a right to reproduce that protects them against the sort of state interference that is involved in parental licensing. According to this argument, because prospective adoptive parents do not exercise a similar right when attempting to become parents, they are not similarly protected. In this paper, we argue that this reproductive rights argument, like other arguments in favour of the status quo on parental licensing, is flawed. We also question whether people in fact have a right to reproduce, and in doing so distinguish this right from others that we think are legitimate, including a right to become a parent and a right to bodily autonomy.