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PHL281H1 Study Guide - Final Guide: Casual Sex, Surrogacy, Fetus

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Donald Ainslie
Study Guide

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Harris exam notes
Wht is autonomy according to kantian view?
- The Kantian notion of treating persons as ends- as autonomous agents in pursuit of morally legitimate
2. distinguish between interests that are prima facie morally legitimate and those that are morally
legitimate simpliciter or legitimate after all moral considerations are in:
- An interest that is prima facie morally legitimate is one that in itself is a morally permissible interest to
have. The interest in sex and the interest in procreation are two such interests, as are the interest in
grandparents having grandchildren and the interest of a country in having a larger population
- But one way in which prima facie morally legitimate interests can fail to be morally legitimate
simpliciter is for a person who has these interests to pursue them in ways that are morally
illegitimate. Assume that the rapist has an interest in sex (which is doubtful, at least that it is his primary
interest.) This interest fails to be morally legitimate simpliciter when the pursuit of it invades the morally
legitimate interest his victim has in her choice of sexual partners. And it is the primacy of the importance
of individual choice and its moral legitimacy that is at the heart of the concept of autonomy employed
here. Thus a prima facie morally legitimate interest can fail to be morally legitimate simpliciter if it is
pursued in a way that does not respect the autonomy of others to pursue their morally legitimate
interests. So like the rapist who has an interest in sex, there is nothing wrong with what the country
wants in wanting a larger population or in what potential grandparents want in wanting grandchildren.
These interests become morally illegitimate, however, when the autonomy of the women involved is
violated by the rapist, the country, or the grandparents in the pursuit of their interests. And it is the
importance of autonomy to my argument that prevents the disquieting implication
3. What are the things which needs to be fulfilled for a father to claim that the fetus is his?
- the fetus must be procreated in his intest in a legitimate way.
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