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Volumn 40, Issue 2, 2010, Pages 37-47

What are parents for?: Reproductive ethics after the nonidentity problem

(1)  Prusak, Bernard G a  

a NONE

Author keywords

[No Author keywords available]

Indexed keywords

ADULT; ARTICLE; CONFLICT; DISABLED PERSON; ETHICS; FEMALE; GENETIC ENGINEERING; HUMAN; MALE; MORALITY; PARENT; REPRODUCTION; SOCIAL BEHAVIOR; SOCIOECONOMICS;

EID: 77952066507     PISSN: 00930334     EISSN: 1552146X     Source Type: Journal    
DOI: 10.1353/hcr.0.0244     Document Type: Article
Times cited : (1)

References (127)
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    • ed. G. Teskey (New York: W.W. Norton) bk. 10, lines 743-45
    • J. Milton, Paradise Lost, ed. G. Teskey (New York: W.W. Norton, 2005), bk. 10, lines 743-45, p. 250.
    • (2005) Paradise Lost , pp. 250
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    • (Stuttgart, Germany: Philipp Reclam) ch. 3
    • F. Nietzsche, Die Geburt der Tragödie (Stuttgart, Germany: Philipp Reclam, 1993), ch. 3, p. 29.
    • (1993) Die Geburt der Tragödie , pp. 29
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    • 0004152328 scopus 로고
    • Translated by (New York: Random House)
    • Translated by W. Kaufmann as The Birth of Tragedy (New York: Random House, 1967), 42.
    • (1967) The Birth of Tragedy , pp. 42
    • Kaufmann, W.1
  • 4
    • 77952057135 scopus 로고    scopus 로고
    • (New Revised Standard Version)
    • Job 3:3-5 (New Revised Standard Version).
    • Job , vol.3 , pp. 3-5
  • 5
    • 77952038221 scopus 로고    scopus 로고
    • This be the verse
    • ed. A. Thwaite (London, U.K.: Farrar, Straus, Giroux)
    • P. Larkin, "This Be The Verse," in Collected Poems, ed. A. Thwaite (London, U.K.: Farrar, Straus, Giroux, 1998), 180.
    • (1998) Collected Poems , pp. 180
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    • 77952049779 scopus 로고    scopus 로고
    • All that i⋯ shall beget/is propagated curse
    • The poem here concurs, interestingly, with the judgment of Adam contemplating the human condition after the fall, namely, bound by sin passed from generation to generation. "'But this shall not serve/,'" Adam says See bk. 10, lines 727-29
    • The poem here concurs, interestingly, with the judgment of Adam contemplating the human condition after the fall, namely, bound by sin passed from generation to generation. "'But this shall not serve/,'" Adam says: "'All that I⋯ shall beget/Is propagated curse.'" See Paradise Lost, bk. 10, lines 727-29, p. 249.
    • Paradise Lost , pp. 249
  • 7
    • 3442878045 scopus 로고    scopus 로고
    • Why it is better never to come into existence
    • But see
    • But see D. Benatar, "Why It Is Better Never to Come into Existence," American Philosophical Quarterly 34 (1997): 345-55.
    • (1997) American Philosophical Quarterly , vol.34 , pp. 345-355
    • Benatar, D.1
  • 8
    • 54949110494 scopus 로고    scopus 로고
    • Wrongful life: Paradoxes in the morality of causing people to exist
    • See for analyses of "wrongful life" that avoid the logical pitfalls surrounding this concept ed. J.L. Coleman and C.W. Morris (Cambridge, U.K.: Cambridge University Press)
    • See for analyses of "wrongful life" that avoid the logical pitfalls surrounding this concept J. McMahan, "Wrongful Life: Paradoxes in the Morality of Causing People to Exist," in Rational Commitment and Social Justice: Essays for Gregory Kavka, ed. J.L. Coleman and C.W. Morris (Cambridge, U.K.: Cambridge University Press, 1998), 215;
    • (1998) Rational Commitment and Social Justice: Essays for Gregory Kavka , pp. 215
    • McMahan, J.1
  • 10
    • 0003740191 scopus 로고
    • (Oxford, U.K.: Oxford University Press)
    • D. Parfit, Reasons and Persons (Oxford, U.K.: Oxford University Press, 1984), 378.
    • (1984) Reasons and Persons , pp. 378
    • Parfit, D.1
  • 11
    • 77952062769 scopus 로고    scopus 로고
    • Defense of this supposition parfit
    • See for
    • See for defense of this supposition Parfit, Reasons and Persons, 351-55;
    • Reasons and Persons , pp. 351-355
  • 13
    • 39449123432 scopus 로고    scopus 로고
    • (Princeton, N.J.: Princeton University Press) What sense does it make to say that it is in the interest of a child-to-be to be born? A child who does not yet exist does not have any interests! And what sense does it make to say that a child can be benefited by being brought into existence? Existence is not a better state for a child-to-be than nonexistence, when after all the child is not!
    • J. Harris, Enhancing Evolution: The Ethical Case for Making Better People (Princeton, N.J.: Princeton University Press, 2007), 94. What sense does it make to say that it is in the interest of a child-to-be to be born? A child who does not yet exist does not have any interests! And what sense does it make to say that a child can be benefited by being brought into existence? Existence is not a better state for a child-to-be than nonexistence, when after all the child is not!
    • (2007) Enhancing Evolution: The Ethical Case for Making Better People , pp. 94
    • Harris, J.1
  • 17
    • 84909407579 scopus 로고    scopus 로고
    • (London, U.K.: Routledge)
    • J. Harris, On Cloning (London, U.K.: Routledge, 2004), 88.
    • (2004) On Cloning , pp. 88
    • Harris, J.1
  • 19
    • 0040711204 scopus 로고    scopus 로고
    • Rights and reproductive choice
    • See also ed. J. Harris and S. Holm (Oxford, U.K.: Oxford University Press)
    • See also J. Harris, "Rights and Reproductive Choice," in The Future of Human Reproduction: Ethics, Choice, and Regulation, ed. J. Harris and S. Holm (Oxford, U.K.: Oxford University Press, 1998), 34-36.
    • (1998) The Future of Human Reproduction: Ethics, Choice, and Regulation , pp. 34-36
    • Harris, J.1
  • 21
    • 0004000186 scopus 로고    scopus 로고
    • Compare (Princeton, N.J.: Princeton University Press) on artificial insemination by donor and surrogacy, and 169, on cloning
    • Compare J.A. Robertson, Children of Choice: Freedom and the New Reproductive Technologies (Princeton, N.J.: Princeton University Press, 1994), 122, on artificial insemination by donor and surrogacy, and 169, on cloning.
    • (1994) Children of Choice: Freedom and the New Reproductive Technologies , pp. 122
    • Robertson, J.A.1
  • 22
    • 42649111921 scopus 로고    scopus 로고
    • By the way, Harris speaks of the "'nonidentity' argument," not "problem," as Derek Parfit called it. See
    • By the way, Harris speaks of the "'nonidentity' argument," not "problem," as Derek Parfit called it. See Harris, Enhancing Evolution, 153.
    • Enhancing Evolution , pp. 153
    • Harris1
  • 24
    • 0023319056 scopus 로고
    • The good of the child
    • Compare at 143-44
    • Compare M. Warnock, "'The Good of the Child,'" Bioethics 1 (1987): 141-155, at 143-44.
    • (1987) Bioethics , vol.1 , pp. 141-155
    • Warnock, M.1
  • 25
    • 0004208582 scopus 로고    scopus 로고
    • (Chicago, Ill.: University of Chicago Press)
    • A. Donagan, The Theory of Morality (Chicago, Ill.: University of Chicago Press, 1977), 101.
    • (1977) The Theory of Morality , pp. 101
    • Donagan, A.1
  • 28
    • 77952039039 scopus 로고    scopus 로고
    • Rights-talk will not sort out child abuse
    • Browning cites texts of Aquinas, Maimonides, and Al-Ghazali. Compare, more recently ed. R.E. Ladd (Belmont, Calif.: Wadsworth)
    • Browning cites texts of Aquinas, Maimonides, and Al-Ghazali. Compare, more recently, M. Midgley, "Rights-Talk Will Not Sort Out Child Abuse," in Children's Rights Re-Visioned: Philosophical Readings, ed. R.E. Ladd (Belmont, Calif.: Wadsworth, 1996), 123.
    • (1996) Children's Rights Re-Visioned: Philosophical Readings , pp. 123
    • Midgley, M.1
  • 29
    • 77952061412 scopus 로고    scopus 로고
    • Adoption, personal status, and Jewish law
    • ed. Jackson
    • M.J. Broyde, "Adoption, Personal Status, and Jewish Law," in The Morality of Adoption, ed. Jackson, 129.
    • The Morality of Adoption , pp. 129
    • Broyde, M.J.1
  • 30
    • 77952038645 scopus 로고    scopus 로고
    • An act to provide for the adoption of children (1851)
    • General Court of Massachusetts ed. N.R. Cahn and J.H. Hollinger (New York: New York University Press)
    • General Court of Massachusetts, "An Act to Provide for the Adoption of Children (1851)," in Families by Law: An Adoption Reader, ed. N.R. Cahn and J.H. Hollinger (New York: New York University Press, 2004), 9-10.
    • (2004) Families by Law: An Adoption Reader , pp. 9-10
  • 31
    • 85050708828 scopus 로고
    • The historical background of the American law of adoption
    • See further especially 465-70
    • See further S.B. Presser, "The Historical Background of the American Law of Adoption," Journal of Family Law 11 (1972): 443-516, especially 465-70.
    • (1972) Journal of Family Law , vol.11 , pp. 443-516
    • Presser, S.B.1
  • 32
    • 77952023641 scopus 로고    scopus 로고
    • It should finally be noted that the repudiation of full legal adoption does not necessarily entail the denigration of rearing children birthed by others. After all, the Hebrew prophets again and again enjoin care for the orphan. In Jewish thought, becoming "custodial parents" is a highly significant act, as it is "predicated on voluntary choice, which is the hallmark of all sacred covenantal relationships." See Broyde, "Adoption, Personal Status, and Jewish Law," 147. In Islam, the question appears to be more complicated. Like the prophets in the Hebrew Bible, the Koran enjoins care for orphans. Yet, as in Judaism, full legal adoption is prohibited, in Islam "by the Shari'a on the grounds of the Koran 33.4-5."
    • It should finally be noted that the repudiation of full legal adoption does not necessarily entail the denigration of rearing children birthed by others. After all, the Hebrew prophets again and again enjoin care for the orphan. In Jewish thought, becoming "custodial parents" is a highly significant act, as it is "predicated on voluntary choice, which is the hallmark of all sacred covenantal relationships." See Broyde, "Adoption, Personal Status, and Jewish Law," 147. In Islam, the question appears to be more complicated. Like the prophets in the Hebrew Bible, the Koran enjoins care for orphans. Yet, as in Judaism, full legal adoption is prohibited, in Islam "by the Shari'a on the grounds of the Koran 33.4-5."
  • 33
    • 48749095301 scopus 로고    scopus 로고
    • See (Dordrecht, Germany: Springer) So-called testamentary adoption is not traditionally prohibited, yet in some Islamic countries it is understood to be
    • See D. Atighetchi, Islamic Bioethics: Problems and Perspectives (Dordrecht, Germany: Springer, 2007), 139. So-called testamentary adoption is not traditionally prohibited, yet in some Islamic countries it is understood to be.
    • (2007) Islamic Bioethics: Problems and Perspectives , pp. 139
    • Atighetchi, D.1
  • 34
    • 77952079701 scopus 로고    scopus 로고
    • Overcoming customs and stigma, Sudan gives orphans a lifeline
    • See here April 5
    • See here L. Polgreen, "Overcoming Customs and Stigma, Sudan Gives Orphans a Lifeline," New York Times, April 5, 2008.
    • (2008) New York Times
    • Polgreen, L.1
  • 35
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    • (Boston, Mass.: Houghton Mifflin) By the way, it is worth noting that the traditional position that adoption can be justified only in extremis might work against the pleas of advocates of traditional morality that pregnant women consider adoption in place of abortion
    • E. Bartholet, Family Bonds: Adoption and the Politics of Parenting (Boston, Mass.: Houghton Mifflin, 1993), 181. By the way, it is worth noting that the traditional position that adoption can be justified only in extremis might work against the pleas of advocates of traditional morality that pregnant women consider adoption in place of abortion.
    • (1993) Family Bonds: Adoption and the Politics of Parenting , pp. 181
    • Bartholet, E.1
  • 36
    • 0030156531 scopus 로고    scopus 로고
    • Relinquishment and adoption: Are they genuine options?
    • See here at 438-39
    • See here M.B. Mahowald, "Relinquishment and Adoption: Are They Genuine Options?" Cambridge Quarterly of Healthcare Ethics 5 (1996): 437-39, at 438-39.
    • (1996) Cambridge Quarterly of Healthcare Ethics , vol.5 , pp. 437-439
    • Mahowald, M.B.1
  • 37
    • 85022793333 scopus 로고    scopus 로고
    • Adoption: A roman catholic perspective
    • ed. Jackson It is true that, as Jeffrey Blustein observes, "there is an enormous variation among social practices of child rearing," which might be taken to suggest that it is possible to make too much of separating the birth parents and child; but the failure of the Israeli kibbutzim experiment appears to have weakened, not strengthened, what Mary Stuart Van Leeuwen and Gretchen Miller Wrobel call the theory of "the Platonic plasticity of parenting bonds."
    • L. Sowle Cahill, "Adoption: A Roman Catholic Perspective," in The Morality of Adoption, ed. Jackson, 167. It is true that, as Jeffrey Blustein observes, "there is an enormous variation among social practices of child rearing," which might be taken to suggest that it is possible to make too much of separating the birth parents and child; but the failure of the Israeli kibbutzim experiment appears to have weakened, not strengthened, what Mary Stuart Van Leeuwen and Gretchen Miller Wrobel call the theory of "the Platonic plasticity of parenting bonds."
    • The Morality of Adoption , pp. 167
    • Sowle Cahill, L.1
  • 38
    • 77952023208 scopus 로고
    • Child rearing and family interests
    • See ed. O. O'Neill and W. Ruddick (New York: Oxford University Press)
    • See J. Blustein, "Child Rearing and Family Interests," in Having Children: Philosophical and Legal Reflections on Parenthood, ed. O. O'Neill and W. Ruddick (New York: Oxford University Press, 1979), 117,
    • (1979) Having Children: Philosophical and Legal Reflections on Parenthood , pp. 117
    • Blustein, J.1
  • 39
    • 77952025469 scopus 로고    scopus 로고
    • The moral psychology of adoption and family ties
    • ed. Jackson, at and 7
    • and M.S. Van Leeuwen and G.M. Wrobel, "The Moral Psychology of Adoption and Family Ties," in The Morality of Adoption, ed. Jackson, at 9 and 7.
    • The Morality of Adoption , pp. 9
    • Van Leeuwen, M.S.1    Wrobel, G.M.2
  • 40
    • 0004281448 scopus 로고    scopus 로고
    • See further bk. 3, 415a-c, and bk. 5
    • See further Plato's Republic, bk. 3, 415a-c, and bk. 5, 457d-461e.
    • Republic
    • Plato1
  • 41
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    • Surrogate mothers: Not so novel after all
    • See in this regard
    • See in this regard J. Robertson, "Surrogate Mothers: Not So Novel After All," Hastings Center Report 13, no. 5 (1983): 28-34.
    • (1983) Hastings Center Report , vol.13 , Issue.5 , pp. 28-34
    • Robertson, J.1
  • 42
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    • Surrogate motherhood: The challenge for feminists
    • The Baby M case is the prime exhibit. For two quite different takes, see
    • The Baby M case is the prime exhibit. For two quite different takes, see L.B. Andrews, "Surrogate Motherhood: The Challenge for Feminists," Journal of Law, Medicine, and Health Care 16 (1988): 72-80;
    • (1988) Journal of Law, Medicine, and Health Care , vol.16 , pp. 72-80
    • Andrews, L.B.1
  • 43
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    • The strange case of baby M
    • 682-86, and 688
    • and K. Pollitt, "The Strange Case of Baby M," The Nation 244, no. 20 (1987): 667, 682-86, and 688.
    • (1987) The Nation , vol.244 , Issue.20 , pp. 667
    • Pollitt, K.1
  • 45
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    • Donation, surrogacy and adoption
    • Compare at 167
    • Compare E. Page, "Donation, Surrogacy and Adoption," Journal of Applied Philosophy 2 (1985): 161-71, at 167;
    • (1985) Journal of Applied Philosophy , vol.2 , pp. 161-171
    • Page, E.1
  • 46
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    • The case against surrogate parenting
    • at 36-37
    • and H.T. Krimmel, "The Case against Surrogate Parenting," Hastings Center Report 13, no. 5 (1983): 35-39, at 36-37.
    • (1983) Hastings Center Report , vol.13 , Issue.5 , pp. 35-39
    • Krimmel, H.T.1
  • 47
    • 77952027512 scopus 로고    scopus 로고
    • I take Kass's reasoning to be that encouraging people to generate children for others to adopt would lead to baby markets because these children would be generated not as ends in themselves but as means to another purpose - namely, adoption by others. Once children are reduced to means, then they can logically be used for other purposes too, like profit-making in baby markets
    • I take Kass's reasoning to be that encouraging people to generate children for others to adopt would lead to baby markets because these children would be generated not as ends in themselves but as means to another purpose - namely, adoption by others. Once children are reduced to means, then they can logically be used for other purposes too, like profit-making in baby markets.
  • 49
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    • Surrogate mother arrangements from the perspective of the child
    • at 98
    • H.T. Krimmel, "Surrogate Mother Arrangements from the Perspective of the Child," Logos 9 (1988): 97-112, at 98.
    • (1988) Logos , vol.9 , pp. 97-112
    • Krimmel, H.T.1
  • 50
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    • ed. K. Vorländer, 3rd ed. (Hamburg, Germany: Felix Meiner)
    • I. Kant, Grundlegung zur Metaphysik der Sitten, ed. K. Vorländer, 3rd ed. (Hamburg, Germany: Felix Meiner, 1965), 4:429, p. 52.
    • (1965) Grundlegung Zur Metaphysik der Sitten , vol.4 , Issue.429 , pp. 52
    • Kant, I.1
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    • Translated by 3rd ed. (Indianapolis, Ind.: Hackett) (trans. modified)
    • Translated by J.W. Ellington as Grounding for the Metaphysics of Morals, 3rd ed. (Indianapolis, Ind.: Hackett, 1993), 36 (trans. modified).
    • (1993) Grounding for the Metaphysics of Morals , pp. 36
    • Ellington, J.W.1
  • 53
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    • Traditionally, one's immunity to violence has been considered to be conditional: one forfeits one's immunity by violating that of others and so may be forcibly resisted. See
    • Traditionally, one's immunity to violence has been considered to be conditional: one forfeits one's immunity by violating that of others and so may be forcibly resisted. See Donagan, The Theory of Morality, 84-85;
    • The Theory of Morality , pp. 84-85
    • Donagan1
  • 54
    • 0004296633 scopus 로고    scopus 로고
    • compare II-II, q. 64, a. 2, ad 3
    • compare Aquinas, Summa theologiae II-II, q. 64, a. 2, ad 3.
    • Summa Theologiae
    • Aquinas1
  • 55
    • 77952035297 scopus 로고
    • Noncontractual society: The postpatriarchal family as model
    • (Chicago, Ill.: The University of Chicago Press) 204. I put aside cases where an extended family member - say a cousin - carries a child for a couple who could not themselves bear
    • V. Held, "Noncontractual Society: The Postpatriarchal Family as Model," in Feminist Morality: Transforming Culture, Society, and Politics (Chicago, Ill.: The University of Chicago Press, 1993), 195, 204. I put aside cases where an extended family member - say a cousin - carries a child for a couple who could not themselves bear.
    • (1993) Feminist Morality: Transforming Culture, Society, and Politics , pp. 195
    • Held, V.1
  • 56
    • 77952069608 scopus 로고    scopus 로고
    • Speaking of a child as one's own, by the way, need not be construed as making a property claim to that child. After all, even parents who pay a surrogate to birth a child cannot then turn around and sell that child at a profit. I realize, however, that the argument in the body of my paper appears to come at least perilously close to sanctioning baby selling, so long as one party to the transaction "values the child as an end." The question to consider is why baby selling is wrong, as no doubt it is. My reply is twofold. First, it is wrong, not because the transaction itself treats the baby merely as a means in a morally objectionable way, but because, once babies become items that can be "bought and sold," which is to say viewed as possessions, it becomes all the more likely that they will be mistreated as possessions. Second, if babies can be sold, why not somewhat older children? (What would the age limit be, and why one limit instead of another?) To be sold by one's "parents," as well as even to know and to fear that one could be sold by one's parents, could prove terribly destructive to children. I agree, then, with Lori Andrews that "baby selling is prohibited ⋯ in part because children need a secure family life and should not have to worry that they will be sold and wrenched from their family." See L. Andrews, "Surrogate Motherhood," 77.
    • Surrogate Motherhood , pp. 77
    • Andrews, L.1
  • 57
    • 0001897480 scopus 로고    scopus 로고
    • See for an excellent literary example (New York: Random House) It matters deeply to Coleman Silk's son Markie to know his origins; it seems to matter less, if at all, to Coleman's several other children
    • See for an excellent literary example P. Roth, The Human Stain (New York: Random House, 2000), 175-77. It matters deeply to Coleman Silk's son Markie to know his origins; it seems to matter less, if at all, to Coleman's several other children.
    • (2000) The Human Stain , pp. 175-177
    • Roth, P.1
  • 58
    • 77952078079 scopus 로고
    • Child adoption and identity
    • ed. A.P. Griffiths (Cambridge, U.K.: Cambridge University Press)
    • A.P. Griffiths, "Child Adoption and Identity," in Philosophy and Practice, ed. A.P. Griffiths (Cambridge, U.K.: Cambridge University Press, 1985), 277.
    • (1985) Philosophy and Practice , pp. 277
    • Griffiths, A.P.1
  • 61
    • 0013419537 scopus 로고    scopus 로고
    • Identity formation and the adopted person revisited
    • Positive identity is characterized as "'a sense of psychological well-being, a feeling of being at home in one's body, of knowing where one is going, [and] an inner assuredness of anticipated recognition from those who count.'" See ed. A. Treacher and I. Katz (London, U.K.: Jessica Kingsley)
    • Positive identity is characterized as "'a sense of psychological well-being, a feeling of being at home in one's body, of knowing where one is going, [and] an inner assuredness of anticipated recognition from those who count.'" See J. Triseliotis, "Identity Formation and the Adopted Person Revisited," in The Dynamics of Adoption: Social and Personal Perspectives, ed. A. Treacher and I. Katz (London, U.K.: Jessica Kingsley, 2000), 89,
    • (2000) The Dynamics of Adoption: Social and Personal Perspectives , pp. 89
    • Triseliotis, J.1
  • 64
    • 0004150517 scopus 로고    scopus 로고
    • (New Haven, Conn.: Yale University Press) Note the title of Lifton's paper: "Shared Identity Issues for Adoptees."
    • K. Wegar, Adoption, Identity, and Kinship: The Debate over Sealed Birth Records (New Haven, Conn.: Yale University Press, 1997), p. x. Note the title of Lifton's paper: "Shared Identity Issues for Adoptees."
    • (1997) Adoption, Identity, and Kinship: The Debate Over Sealed Birth Records
    • Wegar, K.1
  • 65
    • 0037644864 scopus 로고    scopus 로고
    • Should adopted children be granted access to the identity of their birth parents? A psychological perspective
    • See also, for similar criticism to Wegar's at 70-71
    • See also, for similar criticism to Wegar's, M.A. Nolan and D.M. Grace, "Should Adopted Children Be Granted Access to the Identity of Their Birth Parents? A Psychological Perspective," Journal of Information Ethics 12 (2003): 67-79, at 70-71.
    • (2003) Journal of Information Ethics , vol.12 , pp. 67-79
    • Nolan, M.A.1    Grace, D.M.2
  • 67
    • 0040993421 scopus 로고    scopus 로고
    • The chosen family
    • See for a nice discussion September 14 and 21 at 52-54
    • See for a nice discussion J.B. Elshtain, "The Chosen Family," The New Republic, September 14 and 21, 1998, 45-54, at 52-54.
    • (1998) The New Republic , pp. 45-54
    • Elshtain, J.B.1
  • 68
    • 0004150517 scopus 로고    scopus 로고
    • See also 45, 52, 76, 123, and 131. To quote only this last page, search activists "have emphasized the biological determinants of feelings of kinship and characterized the need to search as a genetic and universal biological imperative."
    • See also Wegar, Adoption, Identity, and Kinship, 2, 45, 52, 76, 123, and 131. To quote only this last page, search activists "have emphasized the biological determinants of feelings of kinship and characterized the need to search as a genetic and universal biological imperative."
    • Adoption, Identity, and Kinship , pp. 2
    • Wegar1
  • 69
    • 34547290034 scopus 로고    scopus 로고
    • Adoption, ART, and a re-conception of the maternal body: Toward embodied maternity
    • at 61. In this regard, it is illuminating to note that it is simply false that all adopted persons find it necessary to set out on "the search" in order to come to "confidence in ⋯ inner continuity amid change," though nowadays, due to changing family and social expectations, "the pressure is on those who do not search to do so." See Triseliotis, "Identity Formation and the Adopted Person Revisited," 81
    • S.-V. Brakman and S.J. Scholz, "Adoption, ART, and a Re-Conception of the Maternal Body: Toward Embodied Maternity," Hypatia 21 (2006): 54-73, at 61. In this regard, it is illuminating to note that it is simply false that all adopted persons find it necessary to set out on "the search" in order to come to "confidence in ⋯ inner continuity amid change," though nowadays, due to changing family and social expectations, "the pressure is on those who do not search to do so." See Triseliotis, "Identity Formation and the Adopted Person Revisited," 81.
    • (2006) Hypatia , vol.21 , pp. 54-73
    • Brakman, S.-V.1    Scholz, S.J.2
  • 70
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    • Adolescent search for birthparents: Who moves forward?
    • See also at 133-34 and 148
    • See also G.M. Wrobel, H.D. Grotevant, and R.G. McRoy, "Adolescent Search for Birthparents: Who Moves Forward?" Journal of Adolescent Research 19 (2004): 132-51, at 133-34 and 148.
    • (2004) Journal of Adolescent Research , vol.19 , pp. 132-151
    • Wrobel, G.M.1    Grotevant, H.D.2    McRoy, R.G.3
  • 75
    • 18844380340 scopus 로고    scopus 로고
    • The 'Good enough' parent in the age of the new reproductive technologies
    • ed. H. Haker and D. Beyleveld (Aldershot, U.K.: Ashgate)
    • O. O'Neill, "The 'Good Enough' Parent in the Age of the New Reproductive Technologies," in The Ethics of Genetics in Human Procreation, ed. H. Haker and D. Beyleveld (Aldershot, U.K.: Ashgate, 2000), 41.
    • (2000) The Ethics of Genetics in Human Procreation , pp. 41
    • O'Neill, O.1
  • 76
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    • Human bonds
    • As Brenda Almond has put it, these relationships "provide a setting in which people accept a shared existence with [others] whose characteristics they [may] neither admire nor like." See ed. B. Almond and D. Hill (London, U.K.: Routledge)
    • As Brenda Almond has put it, these relationships "provide a setting in which people accept a shared existence with [others] whose characteristics they [may] neither admire nor like." See B. Almond, "Human Bonds," in Applied Philosophy: Morals and Metaphysics in Contemporary Debate, ed. B. Almond and D. Hill (London, U.K.: Rout-ledge, 1991), 61.
    • (1991) Applied Philosophy: Morals and Metaphysics in Contemporary Debate , pp. 61
    • Almond, B.1
  • 78
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    • I owe the formulation of this contrast to Chelsea Gaudet. Compare (Ithaca, N.Y.: Cornell University Press) "friendship is a kind of achievement. Those who would be friends must exert themselves actively to sustain their relationship."
    • I owe the formulation of this contrast to Chelsea Gaudet. Compare M. Friedman, What Are Friends For? Feminist Perspectives on Personal Relationships and Moral Theory (Ithaca, N.Y.: Cornell University Press, 1993), 209: "friendship is a kind of achievement. Those who would be friends must exert themselves actively to sustain their relationship."
    • (1993) What Are Friends For? Feminist Perspectives on Personal Relationships and Moral Theory , pp. 209
    • Friedman, M.1
  • 81
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    • A stress and coping model of adoption adjustment
    • ed. D.M. Brodzinsky and M.M. Schechter (New York: Oxford University Press) Brodzinsky reports that "adopted children, once they come to realize the implications of being adopted, not only experience a loss of their biological parents and origins, but also [experience] a loss of stability in the relationship to their adoptive parents." So one reason why it would be "better not to have been chosen, but given," is that it is better to grow up without any question that the parent-child relationship might be conditional, or that it might (once more) be broken
    • and D.M. Brodzinsky, "A Stress and Coping Model of Adoption Adjustment," in The Psychology of Adoption, ed. D.M. Brodzinsky and M.M. Schechter (New York: Oxford University Press, 1990), 7. Brodzinsky reports that "adopted children, once they come to realize the implications of being adopted, not only experience a loss of their biological parents and origins, but also [experience] a loss of stability in the relationship to their adoptive parents." So one reason why it would be "better not to have been chosen, but given," is that it is better to grow up without any question that the parent-child relationship might be conditional, or that it might (once more) be broken.
    • (1990) The Psychology of Adoption , pp. 7
    • Brodzinsky, D.M.1
  • 83
    • 77952046250 scopus 로고    scopus 로고
    • It should further be noted that the maintenance of the relationship must not depend on unreasonable conditions; otherwise the offer of the relationship is meaningless
    • It should further be noted that the maintenance of the relationship must not depend on unreasonable conditions; otherwise the offer of the relationship is meaningless.
  • 85
    • 77952045473 scopus 로고    scopus 로고
    • A student of mine once commented in class discussion that she did not like her grandmother much at all, but still loved her
    • A student of mine once commented in class discussion that she did not like her grandmother much at all, but still loved her.
  • 87
    • 34548324720 scopus 로고    scopus 로고
    • The idea of a duty to love
    • See further
    • See further S.M. Liao, "The Idea of a Duty to Love," The Journal of Value Inquiry 40 (2006): 1-22.
    • (2006) The Journal of Value Inquiry , vol.40 , pp. 1-22
    • Liao, S.M.1
  • 88
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    • Moral luck
    • See on "constitutive" bad luck (Cambridge, U.K.: Cambridge University Press)
    • See on "constitutive" bad luck B. Williams, "Moral Luck," in Moral Luck: Philosophical Papers 1973-1980 (Cambridge, U.K.: Cambridge University Press, 1981), 20-21;
    • (1981) Moral Luck: Philosophical Papers 1973-1980 , pp. 20-21
    • Williams, B.1
  • 89
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    • Moral luck
    • (Cambridge, U.K.: Cambridge University Press) and 28
    • and T. Nagel, "Moral Luck," in Mortal Questions (Cambridge, U.K.: Cambridge University Press, 1979), 24-25 and 28.
    • (1979) Mortal Questions , pp. 24-25
    • Nagel, T.1
  • 90
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    • The right of children to be loved
    • See for documentation at 423-24. As Liao summarizes studies of children in institutions, "children who did not receive love but only adequate care became ill more frequently; their learning capacities deteriorated significantly; they became decreasingly interested in their environment; they failed to thrive physically by failing to gain height or weight or both; they suffered insomnia; they were constantly depressed; and they eventually developed severe learning disabilities" (423)
    • See for documentation S.M. Liao, "The Right of Children to Be Loved," The Journal of Political Philosophy 14 (2006): 420-40, at 423-24. As Liao summarizes studies of children in institutions, "children who did not receive love but only adequate care became ill more frequently; their learning capacities deteriorated significantly; they became decreasingly interested in their environment; they failed to thrive physically by failing to gain height or weight or both; they suffered insomnia; they were constantly depressed; and they eventually developed severe learning disabilities" (423).
    • (2006) The Journal of Political Philosophy , vol.14 , pp. 420-440
    • Liao, S.M.1
  • 91
    • 84929753516 scopus 로고    scopus 로고
    • (Cambridge, U.K.: Cambridge University Press)
    • S. Keller, The Limits of Loyalty (Cambridge, U.K.: Cambridge University Press, 2007), 124.
    • (2007) The Limits of Loyalty , pp. 124
    • Keller, S.1
  • 92
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    • Filial piety as a virtue
    • Compare, drawing from the Confucian tradition ed. R.L. Walker and P.J. Ivanhoe (Oxford, U.K.: Oxford University Press) especially 303-5
    • Compare, drawing from the Confucian tradition, P.J. Ivanhoe, "Filial Piety as a Virtue," in Working Virtue: Virtue Ethics and Contemporary Moral Problems, ed. R.L. Walker and P.J. Ivanhoe (Oxford, U.K.: Oxford University Press, 2007), 297-312, especially 303-5.
    • (2007) Working Virtue: Virtue Ethics and Contemporary Moral Problems , pp. 297-312
    • Ivanhoe, P.J.1
  • 94
    • 0003940096 scopus 로고    scopus 로고
    • I disagree, then, with Liao's argument in "The Right of Children to Be Loved" seeking to vindicate this right, found in some international declarations, from the charge that it is merely a so-called manifesto right. Liao claims 1) that "human beings have rights to those conditions that are primary essential for a good life"; 2) that "being loved is primary essential for children to have a good life" as human beings (for which he provides much important documentation); and so 3) that, "therefore, children have a right to be loved" (422). To which it might be countered: the first premise is false. To begin with, would Liao want to claim that there is a right to health? For health, too, can be described as a condition "essential for a good life." Also, to proclaim a universal right to a good, without regard to whether there is a specifiable obligation-holder, is to cheapen the language of rights. In such circumstances, nothing can be claimed against anybody. For example, does an orphan have a right to be loved? If so, against whom does the orphan hold this right? See on these points O. O'Neill, Towards Justice and Virtue: A Constructive Account of Practical Reasoning (Cambridge, U.K.: Cambridge University Press, 1996), 128-36.
    • (1996) Towards Justice and Virtue: A Constructive Account of Practical Reasoning , pp. 128-136
    • O'Neill, O.1
  • 95
    • 0003940096 scopus 로고    scopus 로고
    • See who claims that "there are reasons for taking the distinction between obligations with and without counterpart rights as particularly important, structural forms of incompleteness [to call an obligation imperfect is at root to say that is incomplete in some way], and for holding that other interpretations of the terms 'perfect' and 'imperfect' are less significant."
    • See O. O'Neill, Towards Justice and Virtue, 145, who claims that "there are reasons for taking the distinction between obligations with and without counterpart rights as particularly important, structural forms of incompleteness [to call an obligation imperfect is at root to say that is incomplete in some way], and for holding that other interpretations of the terms 'perfect' and 'imperfect' are less significant."
    • Towards Justice and Virtue , pp. 145
    • O'Neill, O.1
  • 96
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    • Perfect and imperfect obligations
    • See for an account of these other interpretations
    • See for an account of these other interpretations T.D. Campbell, "Perfect and Imperfect Obligations," The Modern Schoolman 52 (1975): 285-94.
    • (1975) The Modern Schoolman , vol.52 , pp. 285-294
    • Campbell, T.D.1
  • 98
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    • ed. P.H. Nidditch, 2nd ed. (Oxford, U.K.: Oxford University Press) bk. 3, pt. 2, sec. 1
    • D. Hume, A Treatise of Human Nature, ed. P.H. Nidditch, 2nd ed. (Oxford, U.K.: Oxford University Press, 1978), bk. 3, pt. 2, sec. 1, p. 478.
    • (1978) A Treatise of Human Nature , pp. 478
    • Hume, D.1
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    • Das starke gesetz der schuldigkeit und das schwächere der gütigkeit. Kant und die pflichtenlehre des 18. Jahrhunderts
    • See on "duties of virtue"
    • See on "duties of virtue" W. Kersting, "Das starke Gesetz der Schuldigkeit und das schwächere der Gütigkeit. Kant und die Pflichtenlehre des 18. Jahrhunderts," Studia Leibnitiana 14 (1982): 184-220,
    • (1982) Studia Leibnitiana , vol.14 , pp. 184-220
    • Kersting, W.1
  • 101
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    • ed. K. Vor-länder, 4th ed. (Hamburg, Germany: Felix Meiner)
    • and I. Kant, Die Metaphysik der Sitten, ed. K. Vor-länder, 4th ed. (Hamburg, Germany: Felix Meiner, 1966), 6:390, p. 231.
    • (1966) Die Metaphysik der Sitten , vol.6 , Issue.390 , pp. 231
    • Kant, I.1
  • 102
    • 0004291536 scopus 로고    scopus 로고
    • Translated by (Cambridge, U.K.: Cambridge University Press) It is a good question, though, whether Kant could recognize a duty of affection, given his insistence that "love as an inclination cannot be commanded" and that morally worthy action is done from duty and not from inclination
    • Translated by M. Gregor as The Metaphysics of Morals (Cambridge, U.K.: Cambridge University Press), 153. It is a good question, though, whether Kant could recognize a duty of affection, given his insistence that "love as an inclination cannot be commanded" and that morally worthy action is done from duty and not from inclination.
    • The Metaphysics of Morals , pp. 153
    • Gregor, M.1
  • 103
    • 77952057550 scopus 로고    scopus 로고
    • See the
    • See the Grundlegung, 4:399, p. 17;
    • Grundlegung , vol.4 , Issue.399 , pp. 17
  • 105
    • 77952018030 scopus 로고    scopus 로고
    • Contrast hume
    • Contrast Hume, Treatise, 479.
    • Treatise , pp. 479
  • 106
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    • The reason can be put simply, but the subject is quite complex. I take for granted in this paper that parental obligations are acquired through causing the existence of a person, but this claim obviously needs qual-ification and elaboration. (For example, is causing a person to exist necessary or only sufficient for acquiring parental obligations? Must the relevant act be "voluntary"? If so, in what sense? And at what point in gestation does a person come to be generated?) Compare
    • The reason can be put simply, but the subject is quite complex. I take for granted in this paper that parental obligations are acquired through causing the existence of a person, but this claim obviously needs qual-ification and elaboration. (For example, is causing a person to exist necessary or only sufficient for acquiring parental obligations? Must the relevant act be "voluntary"? If so, in what sense? And at what point in gestation does a person come to be generated?) Compare Kant, Metaphysik der Sitten, 6:281, p. 96;
    • Metaphysik der Sitten , vol.6 , Issue.281 , pp. 96
    • Kant1
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    • Parental obligations and the ethics of surrogacy: A causal perspective
    • and, more recently but along the same lines
    • and, more recently but along the same lines, J.L. Nelson, "Parental Obligations and the Ethics of Surrogacy: A Causal Perspective," Public Affairs Quarterly 5 (1991): 49-61.
    • (1991) Public Affairs Quarterly , vol.5 , pp. 49-61
    • Nelson, J.L.1
  • 109
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    • Genetic ties: Are they morally binding?
    • DOI 10.1111/j.1467-8519.2006.00478.x
    • Contrast, among others, G. Fuscaldo, "Genetic Ties: Are They Morally Binding?" Bioethics 20 (2006): 64-76; (Pubitemid 43382047)
    • (2006) Bioethics , vol.20 , Issue.2 , pp. 64-76
    • Fuscaldo, G.1
  • 110
    • 85044916641 scopus 로고    scopus 로고
    • How do we acquire parental responsibilities?
    • Yet another question is just how good parents must seek to make children's lives. I would deny that parents have an obligation to maximize children's welfare, whatever that might mean; but here, too, a longer discussion is needed
    • and J. Millum, "How Do We Acquire Parental Responsibilities?" Social Theory and Practice 34 (2008): 71-93. Yet another question is just how good parents must seek to make children's lives. I would deny that parents have an obligation to maximize children's welfare, whatever that might mean; but here, too, a longer discussion is needed.
    • (2008) Social Theory and Practice , vol.34 , pp. 71-93
    • Millum, J.1
  • 111
    • 77952056611 scopus 로고    scopus 로고
    • note
    • I deny, then, what Tim Bayne calls "the transfer principle, according to which it is permissible to alienate one's parental responsibilities (over neonates) to another individual (or institution) as long as one has good reason to think that they will carry out those responsibilities adequately," without need for further justification, such as that one is mentally or financially incapable of meeting these responsibilities. Bayne defends the transfer principle against James Lindemann Nelson's claim, like mine, that giving up a child is justified only in extremis, when parents are genuinely in no position to fulfill parental obligations. According to Nelson, the ground of this traditional position "is not so much ⋯ knowing that the biological parents can do a better job than possible replacements; it is more a matter of continually being at hand to answer for one's responsibilities." Bayne counters that the biological parents cannot guarantee that they will in the future be best placed to ensure that the child will be cared for (after all, the parents may be quite old); but this objection is vulnerable to the reply that these parents can commit themselves to seeking to be there for the child (with the implication that it is morally problematic to seek to have a child in old age or ill health).
  • 112
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    • Gamete donation and parental responsibility
    • See at 82-83
    • See T. Bayne, "Gamete Donation and Parental Responsibility," Journal of Applied Philosophy 20 (2003): 77-87, at 82-83;
    • (2003) Journal of Applied Philosophy , vol.20 , pp. 77-87
    • Bayne, T.1
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    • Translated by (New York: Basic Books) It should be noted that Rousseau, who infamously abandoned his children, makes this statement "through bitter tears."
    • Translated by A. Bloom as Emile or On Education (New York: Basic Books, 1979), 49. It should be noted that Rousseau, who infamously abandoned his children, makes this statement "through bitter tears."
    • (1979) Emile or on Education , pp. 49
    • Bloom, A.1
  • 116
    • 77952076462 scopus 로고    scopus 로고
    • See for an extended discussion of state action to prevent conception (Albany, N.Y.: SUNY Press)
    • See for an extended discussion of state action to prevent conception H. Adams, Justice for Children: Autonomy Development and the State (Albany, N.Y.: SUNY Press, 2008), 117-53.
    • (2008) Justice for Children: Autonomy Development and the State , pp. 117-153
    • Adams, H.1
  • 117
    • 77952076463 scopus 로고    scopus 로고
    • See also O'Neill claims that, whereas "reproduction by the fertile [by ordinary means] can be prospectively prevented only by very grave infringements of personal liberty," reproduction through technological means "may be easier to limit ⋯ without comparably grave - or even any - restrictions on personal liberty, as is standard practice in fostering and adoption decisions."
    • See also O'Neill, "The 'Good Enough' Parent in the Age of the New Reproductive Technologies," 44-45. O'Neill claims that, whereas "reproduction by the fertile [by ordinary means] can be prospectively prevented only by very grave infringements of personal liberty," reproduction through technological means "may be easier to limit ⋯ without comparably grave - or even any - restrictions on personal liberty, as is standard practice in fostering and adoption decisions."
    • The 'Good Enough' Parent in the Age of the New Reproductive Technologies , pp. 44-45
    • O'Neill1
  • 118
    • 0004000186 scopus 로고    scopus 로고
    • Consider the titles of two of the more influential texts in Anglo-American bioethics defending the use of new reproductive technologies
    • Consider the titles of two of the more influential texts in Anglo-American bioethics defending the use of new reproductive technologies: J. Robertson, Children of Choice: Freedom and the New Reproductive Technologies,
    • Children of Choice: Freedom and the New Reproductive Technologies
    • Robertson, J.1
  • 120
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    • Rethinking "liberal eugenics": Reflections and questions on habermas on bioethics
    • See B. Prusak, "Rethinking 'Liberal Eugenics': Questions and Reflections on Habermas on Bioethics," Hastings Center Report 35, no. 6 (2005): 31-42, especially 36. (Pubitemid 41751863)
    • (2005) Hastings Center Report , vol.35 , Issue.6 , pp. 31-42
    • Prusak, B.G.1
  • 121
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    • Not good enough parenting: What's wrong with the child's right to an 'open future'
    • See for critical discussion It should be noted, however, that I would now amend the last several pages of this paper
    • See for critical discussion B. Prusak, "Not Good Enough Parenting: What's Wrong with the Child's Right to an 'Open Future,'" Social Theory and Practice 34 (2008): 271-91. It should be noted, however, that I would now amend the last several pages of this paper.
    • (2008) Social Theory and Practice , vol.34 , pp. 271-291
    • Prusak, B.1
  • 123
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    • Making babies: The new biology and the 'Old' morality
    • Compare (or contrast) Leon Kass on what we might expect of parents who decided "to clone a Rubinstein"; see (New York: The Free Press)
    • Compare (or contrast) Leon Kass on what we might expect of parents who decided "to clone a Rubinstein"; see L. Kass, "Making Babies: The New Biology and the 'Old' Morality" in Toward a More Natural Science: Biology and Human Affairs (New York: The Free Press, 1985), 68-69.
    • (1985) Toward a More Natural Science: Biology and Human Affairs , pp. 68-69
    • Kass, L.1
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    • Cutting motherhood in two: Some suspicions concerning surrogacy
    • See for the beginning of an argument along much these lines Whether a surrogate mother - traditional or gestational, to the extent that the distinction carries weight - is rightly understood as a parent is obviously a crucial question here; the same question needs to be asked of gamete donors as well
    • See for the beginning of an argument along much these lines H.L. Nelson and J.L. Nelson, "Cutting Motherhood in Two: Some Suspicions Concerning Surrogacy," Hypatia 4 (1989): 85-94. Whether a surrogate mother - traditional or gestational, to the extent that the distinction carries weight - is rightly understood as a parent is obviously a crucial question here; the same question needs to be asked of gamete donors as well.
    • (1989) Hypatia , vol.4 , pp. 85-94
    • Nelson, H.L.1    Nelson, J.L.2
  • 127
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    • The unbearable lightness of bringing into being
    • and D. Benatar, "The Unbearable Lightness of Bringing into Being," Journal of Applied Philosophy 16 (1999): 173-80.
    • (1999) Journal of Applied Philosophy , vol.16 , pp. 173-180
    • Benatar, D.1


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