Lessons from Law About Incomplete Commodification in the Egg Market

Journal of Applied Philosophy, 2015, DOI: 10.1111/japp.12144

Duke Law School Public Law & Legal Theory Series No. 2015-45

35 Pages Posted: 1 Oct 2015

Date Written: May 1, 2015

Abstract

This article seeks to illustrate egg donation's incompletely commodified status through an analysis of two cases of first impression, highlighting the tensions that arise from attempts to reconcile egg donation's reality as a robust commercial industry with the nonmarket norms that traditionally underlie reproduction. Antitrust and taxation litigation may seem unlikely sources for guidance in navigating the tensions in egg donation's uncertain place between the worlds of gift and market exchange. Nonetheless, this litigation forces an explicit consideration of how egg donation is perceived, talked about, and operationalized, and where along the gift-market spectrum it fits. These cases also engage familiar questions of commodification, coercion, and exploitation, which are surprisingly central litigation issues.

Keywords: egg donation, oocyte, commodification, coercion, antitrust, tax. price fixing

JEL Classification: I11, I18, K00, K10, K21, K34, K32

Suggested Citation

Krawiec, Kimberly D., Lessons from Law About Incomplete Commodification in the Egg Market (May 1, 2015). Journal of Applied Philosophy, 2015, DOI: 10.1111/japp.12144; Duke Law School Public Law & Legal Theory Series No. 2015-45. Available at SSRN: https://ssrn.com/abstract=2667270

Kimberly D. Krawiec (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

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