Nozick, Locke, and Free Market Justice

• Nozick and Locke see justice as respecting freedom through self-ownership.
• Locke believes self-ownership is limited by natural law and consent to a government that enforces this law.

Locke's View of Justice

• Agreeing to a single body politic means agreeing to defend it as we would defend ourselves.
• A military commander can order a soldier to certain death, but cannot demand a single penny of their money.
• Consent to the rule of law means accepting non-arbitrary government authority.

Perspectives on Free Market Justice

• Utilitarianism supports the free market because it promotes general welfare through mutually advantageous trades.
• Libertarianism supports the free market because it respects individual liberty through voluntary exchanges.

Limits of the Free Market

• Military service and surrogacy are considered limits.

Military Service

• Conscription was introduced in Canada near the end of World War I.
• Only 24,000 conscripts were sent to fight overseas.
• Conscription was reintroduced in World War II via plebiscite.
• Only 13,000 zombies were sent to fight oversees.

Perspectives on Conscription by Lottery

• Is it just to hire someone to take your place if conscripted at a rate determined by the free market?
• Is it just for taxpayers to incentivize enlistment through payments or benefits, like a volunteer army?
• Should defense be outsourced to private military contractors, such as Blackwater Worldwide?
• Is there a difference between the government hiring citizens, outsourcing to private companies, or hiring foreign nationals?

Just Methods for Increasing Justices (Utilitarianism)

• Citizen employment/private contractors.
• Conscription by lottery with substitution.
• Conscription by lottery.

Just Methods for Growing Justices (Libertarianism)

• Citizen employment/private contractors.
• Conscription by lottery with substitution.
• Conscription by lottery.

Criticisms of Libertarian Reasoning

• Critics argue that employment is unfair in certain background conditions due to substantial economic inequality.
• Conscription by lottery is effectively being replaced by economic necessity or coercion.

Criticisms of Utilitarian Reasoning

• Critics argue for civic obligation that expresses and deepens democratic citizenship.
• Military service is likened to jury duty, where substitutes are not allowed, even if it increases overall utility.
• Treating military service as a commodity corrupts civic ideals by allowing abdication of civic duty and eroding political accountability for war decisions.
• Jean-Jacques Rousseau stated that using money to avoid duties weakens freedom; citizens should perform duties themselves, not pay others.
• Forced work is considered less harmful to freedom than paying taxes to avoid personal responsibilities.

Surrogacy

• Canada permits sperm, egg, embryo, and surrogacy donation under federal statute.
• Payment to Canadian donors or surrogates is a crime in some U.S. states.
• Utilitarianism and libertarianism may view Canadian law as unjust.

Sperm and Eggs

• Should there be a free market for sperm and eggs?
• Compensation for egg donors of specific heritages near NYC starts at $8,500 per committed donation cycle.

Traditional Surrogacy

• Should there be a free market for eggs plus gestation?

Arguments for Traditional Surrogacy

• Shortage of children and difficulty qualifying for adoption make adoption unlikely for many.
• Supports the right to procreate and freedom of contract.
• Supports altruism of surrogate mother.
• Accepted market practices separate genetic, gestational, and social parenting consistently demand acceptance.

Baby M Case

• A financially struggling mother of two replied to and signed a traditional surrogacy contract.
• She agreed to release the child and renounce her parental rights but reneged after the child was born.
• The contract was found enforceable because two consenting adults had agreed to exchange a genetically related child for $10,000.
• The father being genetically related made it different baby selling .

Appeal Court of Baby M Case

• Tainted consent: The mother's consent was not informed by the bonding experience with the child.
• Worries about coercion: Infertile couples in low-income brackets may not find upper-income surrogates.
• Degrading higher goods: Some things cannot be bought with money.
• The contract was found unenforceable; custody was awarded to the father, with visitation rights for the mother.

Moral Perspectives on the Baby M Case

• Libertarians support the outcome as it respects freedom of choice.
• Utilitarians agree with surrogacy contracts as they promote general welfare for both parties.

Gestational Surgery

• Should there be a free market to outsource women's bodies for gestation?
• Should there be a free market for embryos?
• Should there be a free market for custom-made babies, if agreeing with the trial court?

Anderson's Objection to Surrogacy

• Women's labor is not a commodity.
• A commodity is something for which legal and social norms of the market are appropriate for regulating production, exchange, and enjoyment.

Modes of Valuation

• The legal and social norms of the market value commodities according to the owner's preference and arbitrary taste.
• Moral principles and ethical ideals value things according to respect and love.

Intrinsic Worth

• Some things have intrinsic worth and should be valued differently than by norms of use; valuing them by use degrades them.
• Children have intrinsic value and should be loved, cherished, and respected.
• Parental rights constitute trusts for the benefit of children.

Traditional Surrogacy and Degradation

• Traditional surrogacy degrades children by transferring parental rights for a transaction, treating them as property.

Gestational Surrogacy

• Gestational surrogacy helps secure children's interests by upholding a system of ties, ensuring a more assured place than the wills of their parents.

Surrogacy and Women

• Surrogacy fails to consider the emotional bond with the child and fails to respect autonomy, treating the woman as a thing.

Criticisms of Libertarian Reasoning on Surrogacy

• The market results for surrogacy may be unfair and the consent tainted due to background conditions.

Criticisms of Utilitarian Reasoning on Surrogacy

• Commoditizing surrogacy degrades higher goods.
• Selling parental rights or renting reproductive capacities inappropriately values them and fails to value social practices.
• How free are the choices made in the free market?
• Are there higher virtues that money cannot buy?