CRITICAL REASON VERSUS INSTRUMENTAL REASON: THE VALIDITY OF GESTATIONAL CONTRACTS CONSIDERING THE RIGHTS ENSHRINED IN INTERNATIONAL PUBLIC ORDER

Abstract

More than half a decade ago, constitutional scholar Ángela Figueruelo pointed out how the crisis of the social state and the globalization of markets were shifting the axiological value of critical reason toward an instrumental reason that focuses on ends, utility, and pragmatism, warning of the potential loss of values and violations of dignity this shift could entail. Over recent decades, a form of reproductive neocolonialism based on this instrumental reason has emerged, seeking to subject reproduction to a productive logic. Internationally, there is no specific regulation on the matter, and many voices are calling for a global legal framework for an issue of such magnitude. This article analyzes the compatibility between the legal foundations underlying the push to legalize gestational contracts and international public order. It examines the rights involved, the implications of the new instrumental reason, and the scope in terms of justice or deontological ethics.