The tribunal of modern life: the case of UZ Brussels in the light of Odo Marquard's discussion on autonomy and theodicy

Abstract

Recently, a court in Belgium awarded a sum of 400 000 euros to the parents of a child with disability who at that point had already died of Sanfilippo syndrome. Their charge was not that the baby was born with disability, but that the child was born. The charge was brought in the child's name, and so effectively, the child had sued against its own birth. This so-called 'unique case' is analyzed with the work of the German philosopher Odo Marquard. Marquard's work on theodicy, and the question of suffering and evil, is very useful to explain why this case is the current apotheosis of a logic present in modernity: existence as a tribunal. This paper explains why Marquard's work sheds an interesting light on this case for today's medicine.