Gregory Keating, ‘Response to Fox: Impaired Conditions, Frustrated Expectations, and the Law of Torts’

Introduction
Professor Dov Fox’s comprehensive, deeply meditated essay, Reproductive Negligence, argues convincingly that the laws of tort, contract, and property severally and jointly fail to govern the promises and perils of modern reproductive technologies in an acceptable way. Our ‘legal system … treats heedlessly switched sperm, lost embryos, and misdiag­nosed fetuses not as misconduct that it protects against and compensates victims for, but as misfortune that it tolerates and forces them to abide’. There is, Professor Fox writes, a ‘puzzle’ here – ‘the thwarting of reproductive plans, however egregious or devastating, invades no “legally protected interest”, [and] violates no right’, even though the interests thwarted when sperm are switched, embryos lost, and fetuses misdiag­nosed are urgent and central to personal autonomy … (more)

Gregory C Keating, ‘Response to Fox: Impaired Conditions, Frustrated Expectations, and the Law of Torts’, Columbia Law Review Online vol 117 no 7 (2017).

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