In this Article, Post-doctoral Associate Michael Laudor defends the tort of wrongful life as a valuable cause of action by developing a philosophy that addresses issues of intergenerational justice. To do so, he first explores the problems of future interests and analyzes the limitations of both standard and utilitarian concepts of harm. Lauor next considers the legal dilemmas arising from claims that the births of certain children are harmful. Laudor finally constructs a notion of harm that enables courts deciding whether to remedy injuries suffered by future generations to recognize wrongful life as a legitimate cause of action.
Michael B. Laudor,
In Defense of Wrongful Life: Bringing Political Theory to the Defense of a Tort,
62 Fordham L. Rev. 1675
Available at: http://ir.lawnet.fordham.edu/flr/vol62/iss6/4