Military Service, Surrogate Motherhood

Order Description
For this discussion, you may earn up to 10 points. Posting a response to the discussion question is optional – there is no penalty for not posting a response. Only an
initial post is required. You may respond to the posts of classmates if you want.

As our text discusses, one test of utilitarian and libertarian theories of justice is to consider their arguments for and against the use of markets in some
controversial setting. Chapter V in our text provides two such examples: allowing conscripts to hire a substitute to take one’s place in military service (pages 127-
138) and surrogate motherhood (introduction on page 127 and pages 138-156.

In your post, discuss ONLY ONE of the following two scenarios:

Military Service
In the American Civil War, men who were drafted for the Army had the option of hiring a substitute to take their place, or paying a commutation fee to avoid military
service. Discuss the following:
Are these practices tantamount to selling off one’s duty as a citizen, or are they perfectly acceptable market transactions?
Does it make a difference whether the transaction takes place during a war or in peacetime?
What do you think? Do either utilitarians or libertarians have the right answer?
Support your observations with specific sources and examples.

Surrogate Motherhood
Discuss the following:
A utilitarian would say that surrogacy contracts should be allowed if they maximize happiness.
A libertarian would say that people should be free to use their own bodies in whatever way they like, provided they do not violate other peoples’ rights.
Elizabeth Anderson’s position is that surrogate motherhood “commodifies” children and women’s labor.
What do you think? Do utilitarians, libertarians, or Anderson have the right answer?
Support your observations with specific sources and examples.