SOC 331 Commutative Justice and Embryo Adoption

In Chapter 4 of the textbook, the author examines commutative justice as arising from contractual relationships – a specific contract among particular parties or a broader social contract on which a community or nation is based. He also discusses how the interpretation or enforceability of a specific contract may be influenced by the principles and values that are part of the broader social contract.

At the end of 2012, more than 600,000 frozen embryos are being maintained in cryopreservation storage facilities in the United States. Some of them are the subject of agreements in which one party transfers one or more embryos to another party for implantation. Such agreements may be called “Embryo Adoption Agreements,” although there is controversy over the use of the term adoption since the legal status of an embryo is different from that of a living child. In recent years, there have been a number of legal disputes arising from these agreements. Cynthia Marietta describes one of these disputes, McLaughlin v. Lambert, in her article, Frozen embryo litigation spotlights pressing questions: What is the legal status of an embryo and can it be adopted?
First, carefully read this article. Then, in your initial post, analyze the issues of commutative justice in this case, and apply the principles discussed by both Marietta and the textbook (see Section 4.4). Be sure to consider whether values that are part of the broader social contract (e.g., the U.S. Constitution) may influence how the specific contract between the two couples in this case should be interpreted justly. Consider this case from both sides of the dispute as well as from the perspective of society’s interest in the status of frozen embryos.

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In Chapter 1 of your textbook, justice is analyzed from three perspectives, each with its own set of relevant concepts. The text includes three case studies for consideration from each perspective. Select one (only one) of these case studies as the focus of your initial post in this discussion. Then analyze the selected case study from the justice perspective which accompanies it and answer the following questions.
a. If you select “Case Study 1.1 – Jacob Little and Walmart,” analyze it from the perspective of justice as a moral concept. Your analysis must address the following questions:

§ Did Walmart offer Jacob a just wage? Why or why not?

§ Was the alderman’s decision to let Walmart operate in the city just? Why or why not?

§ If you were the alderman, what would you do to more fully promote justice in the situation? Why?

b. If you select “Case Study 1.2 – Just Desserts?,” analyze it from the perspective of justice as a legal concept.

§ Was the court’s sentence for Mr. Allen just? Why or why not?

§ Was the court’s sentence for Mr. Brown just? Why or why not?

§ If you were the judge presiding over both of these trials, what would you do to more fully promote justice in them? Why?

c. If you select “Case Study 1.3 – Honor the Sabbath or Keep Your Job,” analyze it from the perspective of justice as a religious concept.

§ Did Chief Gerst treat Corporal Brown justly? Why or why not?

§ Did Corporal Brown act justly after his agreement with Chief Gerst? Why or why not?

§ If you were the Chief of TSU’s Police department, what would you do to more fully promote justice in the situation? Why?