Testing the limits of freedom of contract: the commercialization of reproductive materials and services

This article examines the cases for and against commercializing, or "commodifying," reproductive materials and services. Using a supply/demand third-party framework, three basic scenarios in which commercial-exchange relationships may be possible--exchange of gametes and zygotes, exchange of gestational services, and exchange of fetal material--and the major parties of interest, or stakeholders, are identified. The study sketches the liberal, essentialist, and radical contingency theories that shape the debate over the commercialization of reproductive materials and services. The article then attempts to derive some basic governing principles that reflect as much common ground as possible amongst these various normative perspectives, while recognizing that complete reconciliation is impossible. Taken together, these principles are designed to reflect a strategy of "constrained commodification," where commercialization or commodification, that is, financial remuneration, plays a relatively neutral role in the utilization of reproductive materials and services. In light of these principles, the article concludes by sketching legal and regulatory regimes with respect to the exchange of gametes and zygotes, gestational services, and fetal tissue.     

Reviews

Wing Thye Woo, Stephen Parker & Jeffrey D. Sachs (eds), Economies in Transition: Comparing Asia and Eastern Europe. Cambridge, MA: MIT Press, 1997, xiv + 412 pp., £33.95 h/b, £16.95 p/b.

Guy Standing, Russian Unemployment and Enterprise Restructuring: Reviving Dead Souls. Basingstoke: Macmillan, 1996, xxix + 404 pp., £45.00.

Ellen Mickiewicz, Changing Channels: Television and the Struggle for Power in Russia. New York: Oxford University Press, 1997, xiii + 340 pp., $35.00.

Naum Nim (ed.), Dos'e na tsenzuru, No. 1. Moscow: Fond zashchity glasnosti, 1997, 208 pp.

Taras Kuzio, Ukraine under Kuchma: Political Reform, Economic Transformation and Security Policy in Independent Ukraine. Basingstoke: Macmillan, 1997, xxiii + 281 pp., £50.00.

Mary Buckley (ed.), Post‐Soviet Women: from the Baltic to Central Asia. Cambridge: Cambridge University Press, 1997, xvii + 316 pp., £15.95.

Neil Hood, Robert Kilis & Jan‐Erik Vahlne (eds), Transition in the Baltic States: Micro‐level Studies. Basingstoke: Macmillan, 1997, xv + 299 pp., £50.00.

V. Stanley Vardis & Judith B. Sedaitis, Lithuania: The Rebel Nation. Boulder, CO: Westview Press, 1997, xi + 242 pp., £14.50.

Lonnie R. Johnson, Central Europe. Enemies, Neighbours, Friends. Oxford: Oxford University Press, 1996, xii + 339 pp., £15.99.

Gale Stokes, Three Eras of Political Change in Eastern Europe. Oxford: Oxford University Press, 1997, xvi + 240 pp., £13.99.

Kevin F. F. Quigley, For Democracy's Sake: Foundations and Democracy Assistance in Central Europe. Washington, DC: The Woodrow Wilson Center Press, 1997, xix + 190 pp., £13.00.

James Gow, Triumph of the Lack of Will. International Diplomacy and the Yugoslav War. London: C. Hurst and Co., 1997, 343 pp., £14.95.

Robert Chenciner, Daghestan: Tradition and Survival. Richmond: Curzon, 1997, xi + 307 pp., £25.00

William C. Wohlforth (ed.), Witnesses to the End of the Cold War. Baltimore: Johns Hopkins University Press, 1996, xvi + 344 pp., $39.95.

Vladimir N. Brovkin (ed.), The Bolsheviks in Russian Society: The Revolution and the Civil Wars. London: Yale University Press, 1997, vi + 333 pp., £21.00.

Carl Van Dyke, The Soviet Invasion of Finland 1939–40. London: Frank Cass, 1997, xiv + 288 pp., £35.00.

Maurice Friedberg, Literary Translation in Russia: A Cultural History, University Park, Pennsylvania: The Pennsylvania University Press, 1997, viii + 224 pp.     

Reviews

The Possessed and the Dispossessed: Spirits, Identity and Power in a Madagascar Migrant Town by Lesley A. Sharp.

University of California Press, Berkeley and London. 1993. xx plus 345 pp. including maps, illustrations, tables, notes, bibliography and index.

Marketing Africa's High Value Foods edited by S. Jaffee and J. Morton. World Bank, Kendall/Hunt Publishing Company, Iowa. 1995. 503 pp. including bibliography and index.

Democratisation and Demilitarisation in Lesotho: The General Election of 1993 and its Aftermath edited by Roger Southall and Tsoeu Petlane. Africa Institute of South Africa, Pretoria. 1995. xvii plus 193 pp. R60 ($30).

A Culture of Censorship: Secrecy and Intellectual Repression in South Africa by Christopher Merrett.

David Philip, Cape Town; University of Natal Press, Pietermaritzburg and Mercer University Press, Macon (Georgia). 1994. xv plus 296 pp. including notes and index. Paperback. Price R54,95.

The Eritrean Question: The Conflict Between the Right of Self‐Deter‐mination and the Interests of States by Eyassu Gayim.

Iustus Förlag AB, Uppsala (Sweden). 1993. 716 pp. including figures, tables, notes, maps, annexures bibliography and index. Paperback.

The Rwanda Crisis 1959–1994 — History of a Genocide by G. Prunier. Hurst & Co. London. 1995. xiii plus 389 pp. Paperback. Price £12.50.

Entrance into Reproductive Life: A Demographic Expression of Socio‐Economic Changes in a Senegalese Rural Area by Valérie Delaunay. Centre Français sur la Population et le Développement (CEPED), Paris. 1994. Les Etudes du CEPED No 7. xxii plus 326 pp. including figures, maps, tables, appendices and bibliography. Paperback. Price 90FF.

Verso un Nuovo Sudafrica: Dall'Apartheid allo Stato Multietnico by Chiara Robertazzi.

Milan: Francoangeli. 1995. 130 pp. Paperback.     

Reviews

Women writing in India

Susie Tharu and K. Lalita (eds), Women Writing in India — 600 B. C. to the Present; Volume 1: 600 B. C. to the Early Twentieth Century (The Feminist Press, City University of New York) New York, 1991.

Poststructuralism and politics

Judith Butler, Gender Trouble: Feminism and the Subversion of Identity (Routledge) New York and London, 1990; Rosalyn Diprose and Robyn Ferrell (eds), Cartographies: Poststructuralism and the Mapping of Bodies and Spaces (Allen and Unwin) Sydney, 1991; Nancy Fraser, Unruly Practices: Power, Discourse and Gender in Contemporary Social Theory (University of Minnesota Press) Minneapolis, 1989.

Postponed lives, secondary data and pushing our own barrow

Laura S. Brown and Esther D. Rothblum (eds), Fat Oppression and Psychotherapy: A Feminist Perspective (Haworth Press) New York, 1989; Helen Roberts (ed.), Women's Health Counts (Routledge) London, 1990; Health Sharing Women, The Health Sharing Reader: Women Speak about Health (Pandora) Sydney, 1990.

Primatology and feminism

Donna Haraway, Primate Visions (Routledge) New York, 1989, distributed by the Law Book Company Limited.

Domestic violence

Heather McGregor and Andrew Hopkins, Working for Change: The Movement Against Domestic Violence (Allen and Unwin) Sydney, 1991; Jan Horsfall, The Presence of the Past: Male Violence in the Family (Allen and Unwin) Sydney, 1991.

Feminist strategies and the state

Clare Burton, The Promise and the Price (Allen and Unwin) Sydney, 1991; Hester Eisenstein, Gender Shock (Allen and Unwin) Sydney, 1991; Gretchen Poiner and Sue Wills, The Gifthorse (Allen and Unwin) Sydney, 1991; Margaret Thornton, The Liberal Promise (Oxford University Press) Oxford, 1990.     

Child witnesses and the confrontation clause

InMaryland v. Craig, the United States Supreme Court relied heavily on a brief prepared by a committee of the American Psychology-Law Society on behalf of the American Psychological Association (APA). The APA brief concluded that sexually abused children may be particularly vulnerable to distress in the legal process, especially when forced to confront the defendant face to face, and that such acute distress may be inconsistent with the state's interests in promotion of reliable testimony and child welfare. APA also argued that psychological theory and research provide foundations for individualized determination of the need for measures to protect children from face-to-face confrontation. *** DIRECT SUPPORT *** AFE06051 00002     

The social policy of the firm

The welfare state concept hides an important aspect of modern industrial societies. In capitalist countries welfare is provided through a mixture of public and private initiatives. The author suggests that the concept welfare economy more fully captures the economic interpenetration of public and private sectors. The growth of fringe benefits illustrates the extent to which private enterprise performs the welfare function.Government increasingly intervenes through processes of mandating, stimulating, regulating, and supporting, using private enterprise as the vehicle for delivery of welfare services. Government's traditionally conceived role as welfare service provider is also changed through recognition that it is both an employer and purchaser, significantly impacting society's original income distribution.An earlier version of this essay was presented as a lecture at the University of Melbourne and published in Ronald F. Henderson, The Welfare Stakes: Strategies for Australian Social Policy, Melbourne: Institute of Applied Economics and Social Research, 1981.     

Stammwähler und die opportunistische Wahl parteipolitischer Programme

This article explains political radicalism by the number of voters who are biased towards a party. With little voters biased in favor of a party, this party has to rely more heavily on its programmatic distance to other parties. Because large parties – i.e.: parties with a high number of biased voters – gain votes when they move to the center of the political spectrum, parties with a lower number of voters that are biased in their favor are forced to the edges of the policy space. We draw on a computational model of political competition between four parties in a two‐dimensional policy space to investigate this relationship. We use panel corrected OLS estimates to analyze the data generated by the computer simulation. Our results substantiate the hypothesis of a negative relationship between the number of biased voters and the inclination of a party to adopt a more extreme policy stance.