Author: Jean Reith Schroedel
Publisher: Cornell University Press
ISBN: 9780801437076
Category : Law
Languages : en
Pages : 252
Book Description
As much a model for future research as a study of the status of the fetus, this book offers an examination of one of the most divisive and complex issues of American life."--BOOK JACKET.
Is the Fetus a Person?
Author: Jean Reith Schroedel
Publisher: Cornell University Press
ISBN: 9780801437076
Category : Law
Languages : en
Pages : 252
Book Description
As much a model for future research as a study of the status of the fetus, this book offers an examination of one of the most divisive and complex issues of American life."--BOOK JACKET.
Publisher: Cornell University Press
ISBN: 9780801437076
Category : Law
Languages : en
Pages : 252
Book Description
As much a model for future research as a study of the status of the fetus, this book offers an examination of one of the most divisive and complex issues of American life."--BOOK JACKET.
Abortion Rights and Fetal "personhood"
Author: Edd Doerr
Publisher:
ISBN:
Category : Abortion
Languages : en
Pages : 180
Book Description
Publisher:
ISBN:
Category : Abortion
Languages : en
Pages : 180
Book Description
Beyond Roe
Author: David Boonin
Publisher: Oxford University Press
ISBN: 0190904852
Category : Philosophy
Languages : en
Pages : 233
Book Description
Most arguments for or against abortion focus on one question: is the fetus a person? In this provocative and important book, David Boonin defends the claim that even if the fetus is a person with the same right to life you and I have, abortion should still be legal, and most current restrictions on abortion should be abolished. Beyond Roe points to a key legal precedent: McFall v. Shimp. In 1978, an ailing Robert McFall sued his cousin, David Shimp, asking the court to order Shimp to provide McFall with the bone marrow he needed. The court ruled in Shimp's favor and McFall soon died. Boonin extracts a compelling lesson from the case of McFall v. Shimp--that having a right to life does not give a person the right to use another person's body even if they need to use that person's body to go on living-and he uses this principle to support his claim that abortion should be legal and far less restricted than it currently is, regardless of whether the fetus is a person. By taking the analysis of the right to life that Judith Jarvis Thomson pioneered in a moral context and applying it in a legal context in this novel way, Boonin offers a fresh perspective that is grounded in assumptions that should be accepted by both sides of the abortion debate. Written in a lively, conversational style, and offering a case study of the value of reason in analyzing complex social issues, Beyond Roe will be of interest to students and scholars in a variety of fields, and to anyone interested in the debate over whether government should restrict or prohibit abortion.
Publisher: Oxford University Press
ISBN: 0190904852
Category : Philosophy
Languages : en
Pages : 233
Book Description
Most arguments for or against abortion focus on one question: is the fetus a person? In this provocative and important book, David Boonin defends the claim that even if the fetus is a person with the same right to life you and I have, abortion should still be legal, and most current restrictions on abortion should be abolished. Beyond Roe points to a key legal precedent: McFall v. Shimp. In 1978, an ailing Robert McFall sued his cousin, David Shimp, asking the court to order Shimp to provide McFall with the bone marrow he needed. The court ruled in Shimp's favor and McFall soon died. Boonin extracts a compelling lesson from the case of McFall v. Shimp--that having a right to life does not give a person the right to use another person's body even if they need to use that person's body to go on living-and he uses this principle to support his claim that abortion should be legal and far less restricted than it currently is, regardless of whether the fetus is a person. By taking the analysis of the right to life that Judith Jarvis Thomson pioneered in a moral context and applying it in a legal context in this novel way, Boonin offers a fresh perspective that is grounded in assumptions that should be accepted by both sides of the abortion debate. Written in a lively, conversational style, and offering a case study of the value of reason in analyzing complex social issues, Beyond Roe will be of interest to students and scholars in a variety of fields, and to anyone interested in the debate over whether government should restrict or prohibit abortion.
Enough Already! A Socialist Feminist Response to the Re-emergence of Right Wing Populism and Fascism in Media
Author: Faith Agostinone-Wilson
Publisher: BRILL
ISBN: 9004424539
Category : Education
Languages : en
Pages : 227
Book Description
This text explores the re-assertion of right-wing populist and fascist ideologies as presented and distributed in the media. In particular, attacks on immigrants, women, minorities, and LGBTQI people are increasing, inspired by the election of politicians who openly support authoritarian discourse and scapegoating. More troubling is how this discourse is inscribed into laws and policies. Despite the urgency of the situation, the Left has been unable to effectively respond to these events, from liberals insisting on hands-off free speech policies, including covering "both sides of the issue" to socialists who utilize a tunnel vision focus on economic issues at the expense of women and minorities. In order to effectively resist right-wing movements of this magnitude, a socialist/Marxist feminist analysis is necessary for understanding how racism, sexism, and homophobia are conduits for capitalism, not just ‘identity issues.’ Topics addressed in this text include an overview of dialectical materialist feminism and its relevance and a review of characteristics of authoritarian populism and fascism. Additionally, the insistence on a colorblind conceptualization of the working class is critiqued, with its detrimental effects on moving resistance and activism forward. This was a key weakness with the Bernie Sanders campaign, which is discussed. Online environments and their alt-right discourse/function are used as an example of the ineffectiveness of e-libertarianism, which has prioritized hands-off administration, allowing right-wing discourse to overcome many online spaces. Other topics include the emergence of the fetal personhood construct in response to abortion rights, and the rejection of science and expertise.
Publisher: BRILL
ISBN: 9004424539
Category : Education
Languages : en
Pages : 227
Book Description
This text explores the re-assertion of right-wing populist and fascist ideologies as presented and distributed in the media. In particular, attacks on immigrants, women, minorities, and LGBTQI people are increasing, inspired by the election of politicians who openly support authoritarian discourse and scapegoating. More troubling is how this discourse is inscribed into laws and policies. Despite the urgency of the situation, the Left has been unable to effectively respond to these events, from liberals insisting on hands-off free speech policies, including covering "both sides of the issue" to socialists who utilize a tunnel vision focus on economic issues at the expense of women and minorities. In order to effectively resist right-wing movements of this magnitude, a socialist/Marxist feminist analysis is necessary for understanding how racism, sexism, and homophobia are conduits for capitalism, not just ‘identity issues.’ Topics addressed in this text include an overview of dialectical materialist feminism and its relevance and a review of characteristics of authoritarian populism and fascism. Additionally, the insistence on a colorblind conceptualization of the working class is critiqued, with its detrimental effects on moving resistance and activism forward. This was a key weakness with the Bernie Sanders campaign, which is discussed. Online environments and their alt-right discourse/function are used as an example of the ineffectiveness of e-libertarianism, which has prioritized hands-off administration, allowing right-wing discourse to overcome many online spaces. Other topics include the emergence of the fetal personhood construct in response to abortion rights, and the rejection of science and expertise.
Abortion Rights as Religious Freedom
Author: Peter Wenz
Publisher: Temple University Press
ISBN: 1439904618
Category : Philosophy
Languages : en
Pages : 312
Book Description
Wenz argues that the Supreme Court reached the right decision in Roe v. Wade but for the wrong reasons.
Publisher: Temple University Press
ISBN: 1439904618
Category : Philosophy
Languages : en
Pages : 312
Book Description
Wenz argues that the Supreme Court reached the right decision in Roe v. Wade but for the wrong reasons.
Arguments about Abortion
Author: Kate Greasley
Publisher: Oxford University Press
ISBN: 0198766785
Category : Law
Languages : en
Pages : 289
Book Description
What is the legal status of abortion and the human fetus? In an extended analysis of mainstream arguments involving abortion and the status of 'personhood' that is often applied to the fetus, this book provides novel answers to some of the core 'pro-life' arguments in favour of recognizing fetal personhood and moral rights.
Publisher: Oxford University Press
ISBN: 0198766785
Category : Law
Languages : en
Pages : 289
Book Description
What is the legal status of abortion and the human fetus? In an extended analysis of mainstream arguments involving abortion and the status of 'personhood' that is often applied to the fetus, this book provides novel answers to some of the core 'pro-life' arguments in favour of recognizing fetal personhood and moral rights.
Abortion Wars
Author: Rickie Solinger
Publisher: Univ of California Press
ISBN: 9780520209527
Category : History
Languages : en
Pages : 432
Book Description
Contains eighteen essays that offer a pro-rights perspective on the issue of abortion, examining the topic within the historical framework of the second half of the twentieth century, and discussing the reasons why abortion continues to be one of the most violently contested issues in the United States.
Publisher: Univ of California Press
ISBN: 9780520209527
Category : History
Languages : en
Pages : 432
Book Description
Contains eighteen essays that offer a pro-rights perspective on the issue of abortion, examining the topic within the historical framework of the second half of the twentieth century, and discussing the reasons why abortion continues to be one of the most violently contested issues in the United States.
Beating Hearts
Author: Sherry F. Colb
Publisher: Columbia University Press
ISBN: 0231540957
Category : Nature
Languages : en
Pages : 263
Book Description
How can someone who condemns hunting, animal farming, and animal experimentation also favor legal abortion, which is the deliberate destruction of a human fetus? The authors of Beating Hearts aim to reconcile this apparent conflict and examine the surprisingly similar strategic and tactical questions faced by activists in the pro-life and animal rights movements. Beating Hearts maintains that sentience, or the ability to have subjective experiences, grounds a being's entitlement to moral concern. The authors argue that nearly all human exploitation of animals is unjustified. Early abortions do not contradict the sentience principle because they precede fetal sentience, and Beating Hearts explains why the mere potential for sentience does not create moral entitlements. Late abortions do raise serious moral questions, but forcing a woman to carry a child to term is problematic as a form of gender-based exploitation. These ethical explorations lead to a wider discussion of the strategies deployed by the pro-life and animal rights movements. Should legal reforms precede or follow attitudinal changes? Do gory images win over or alienate supporters? Is violence ever principled? By probing the connections between debates about abortion and animal rights, Beating Hearts uses each highly contested set of questions to shed light on the other.
Publisher: Columbia University Press
ISBN: 0231540957
Category : Nature
Languages : en
Pages : 263
Book Description
How can someone who condemns hunting, animal farming, and animal experimentation also favor legal abortion, which is the deliberate destruction of a human fetus? The authors of Beating Hearts aim to reconcile this apparent conflict and examine the surprisingly similar strategic and tactical questions faced by activists in the pro-life and animal rights movements. Beating Hearts maintains that sentience, or the ability to have subjective experiences, grounds a being's entitlement to moral concern. The authors argue that nearly all human exploitation of animals is unjustified. Early abortions do not contradict the sentience principle because they precede fetal sentience, and Beating Hearts explains why the mere potential for sentience does not create moral entitlements. Late abortions do raise serious moral questions, but forcing a woman to carry a child to term is problematic as a form of gender-based exploitation. These ethical explorations lead to a wider discussion of the strategies deployed by the pro-life and animal rights movements. Should legal reforms precede or follow attitudinal changes? Do gory images win over or alienate supporters? Is violence ever principled? By probing the connections between debates about abortion and animal rights, Beating Hearts uses each highly contested set of questions to shed light on the other.
Breaking the Abortion Deadlock
Author: Eileen McDonagh
Publisher: Oxford University Press
ISBN: 019535799X
Category : Social Science
Languages : en
Pages : 295
Book Description
For over twenty years the abortion debate has raged, with each side entrenched in unyielding positions. This book breaks the impasse by using pro-life premises to reach pro-choice conclusions. While it is commonly assumed that state protection of the fetus as a form of human life undermines women's reproductive rights, McDonagh instead illuminates how it is exactly such state protection of the fetus that strengthens, rather than weakens, not only women's right to an abortion, but even more significantly, women's ability to call on the state for abortion funding. McDonagh's approach, by bridging the divide between pro-life and pro-choice advocates, revolutionizes the abortion debate in a way that opens up a whole new avenue for resolving the abortion conflict and advancing women's rights. McDonagh reframes the abortion debate by locating the missing piece of the puzzle: the fetus as the cause of pregnancy. After exposing the myths on this subject, her exacting analysis presents the scientific and legal evidence that the ultimate source of pregnancy is the fetus. The central issue then becomes what the fetus, as an active agent, does to a woman's body during pregnancy, whether that pregnancy is wanted or not. McDonagh graphically describes the massive changes produced by the fetus when it takes over a woman's body. As such, pregnancy is best depicted not as a condition that women have a right to choose but rather as a condition to which they must have a right to consent. Abortion, therefore, does not rest on the intensely debated principle, stated in Roe, that women have a right to be free from state interference when choosing privately what to do with their own bodies. Instead, as McDonagh's book explains, abortion rights flow inevitably from women's more established right to consent to what another agent does to their body. Specifically, women have a right to resist an unwanted intrusion by a fetus as well as to receive help from the state to stop such an intrusion. Moving abortion rights from choice to consent has broad legal and cultural ramifications tapping into the very cornerstone of the American political system: consent. McDonagh unravels the consequences of extending to pregnant women the same guarantees of bodily integrity and liberty possessed by others in our society. Specifically, she shows why a woman who does not consent to be made pregnant by a fetus, not only has a right to terminate pregnancy, but why the state violates constitutional due process and equal protection guarantees when it fails to provide her with the same protections against nonconsensual intrusions by a fetus as it provides against nonconsensual intrusions by other parties. This book pivotally strengthens, therefore, not only women's right to abortion but also abortion funding. By providing new grounds both for the public funding of abortion and for the removal of government restrictions on abortions, it lays the foundation for enhancing women's rights through major policy changes in legislatures and courts.
Publisher: Oxford University Press
ISBN: 019535799X
Category : Social Science
Languages : en
Pages : 295
Book Description
For over twenty years the abortion debate has raged, with each side entrenched in unyielding positions. This book breaks the impasse by using pro-life premises to reach pro-choice conclusions. While it is commonly assumed that state protection of the fetus as a form of human life undermines women's reproductive rights, McDonagh instead illuminates how it is exactly such state protection of the fetus that strengthens, rather than weakens, not only women's right to an abortion, but even more significantly, women's ability to call on the state for abortion funding. McDonagh's approach, by bridging the divide between pro-life and pro-choice advocates, revolutionizes the abortion debate in a way that opens up a whole new avenue for resolving the abortion conflict and advancing women's rights. McDonagh reframes the abortion debate by locating the missing piece of the puzzle: the fetus as the cause of pregnancy. After exposing the myths on this subject, her exacting analysis presents the scientific and legal evidence that the ultimate source of pregnancy is the fetus. The central issue then becomes what the fetus, as an active agent, does to a woman's body during pregnancy, whether that pregnancy is wanted or not. McDonagh graphically describes the massive changes produced by the fetus when it takes over a woman's body. As such, pregnancy is best depicted not as a condition that women have a right to choose but rather as a condition to which they must have a right to consent. Abortion, therefore, does not rest on the intensely debated principle, stated in Roe, that women have a right to be free from state interference when choosing privately what to do with their own bodies. Instead, as McDonagh's book explains, abortion rights flow inevitably from women's more established right to consent to what another agent does to their body. Specifically, women have a right to resist an unwanted intrusion by a fetus as well as to receive help from the state to stop such an intrusion. Moving abortion rights from choice to consent has broad legal and cultural ramifications tapping into the very cornerstone of the American political system: consent. McDonagh unravels the consequences of extending to pregnant women the same guarantees of bodily integrity and liberty possessed by others in our society. Specifically, she shows why a woman who does not consent to be made pregnant by a fetus, not only has a right to terminate pregnancy, but why the state violates constitutional due process and equal protection guarantees when it fails to provide her with the same protections against nonconsensual intrusions by a fetus as it provides against nonconsensual intrusions by other parties. This book pivotally strengthens, therefore, not only women's right to abortion but also abortion funding. By providing new grounds both for the public funding of abortion and for the removal of government restrictions on abortions, it lays the foundation for enhancing women's rights through major policy changes in legislatures and courts.
Abortion Law in Transnational Perspective
Author: Rebecca J. Cook
Publisher: University of Pennsylvania Press
ISBN: 0812209990
Category : Political Science
Languages : en
Pages : 482
Book Description
It is increasingly implausible to speak of a purely domestic abortion law, as the legal debates around the world draw on precedents and influences of different national and regional contexts. While the United States and Western Europe may have been the vanguard of abortion law reform in the latter half of the twentieth century, Central and South America are proving to be laboratories of thought and innovation in the twenty-first century, as are particular countries in Africa and Asia. Abortion Law in Transnational Perspective offers a fresh look at significant transnational legal developments in recent years, examining key judicial decisions, constitutional texts, and regulatory reforms of abortion law in order to envision ways ahead. The chapters investigate issues of access, rights, and justice, as well as social constructions of women, sexuality, and pregnancy, through different legal procedures and regimes. They address the promises and risks of using legal procedure to achieve reproductive justice from different national, regional, and international vantage points; how public and courtroom debates are framed within medical, religious, and human rights arguments; the meaning of different narratives that recur in abortion litigation and language; and how respect for women and prenatal life is expressed in various legal regimes. By exploring how legal actors advocate, regulate, and adjudicate the issue of abortion, this timely volume seeks to build on existing developments to bring about change of a larger order. Contributors: Luis Roberto Barroso, Paola Bergallo, Rebecca J. Cook, Bernard M. Dickens, Joanna N. Erdman, Lisa M. Kelly, Adriana Lamačková, Julieta Lemaitre, Alejandro Madrazo, Charles G. Ngwena, Rachel Rebouché, Ruth Rubio-Marín, Sally Sheldon, Reva B. Siegel, Verónica Undurraga, Melissa Upreti.
Publisher: University of Pennsylvania Press
ISBN: 0812209990
Category : Political Science
Languages : en
Pages : 482
Book Description
It is increasingly implausible to speak of a purely domestic abortion law, as the legal debates around the world draw on precedents and influences of different national and regional contexts. While the United States and Western Europe may have been the vanguard of abortion law reform in the latter half of the twentieth century, Central and South America are proving to be laboratories of thought and innovation in the twenty-first century, as are particular countries in Africa and Asia. Abortion Law in Transnational Perspective offers a fresh look at significant transnational legal developments in recent years, examining key judicial decisions, constitutional texts, and regulatory reforms of abortion law in order to envision ways ahead. The chapters investigate issues of access, rights, and justice, as well as social constructions of women, sexuality, and pregnancy, through different legal procedures and regimes. They address the promises and risks of using legal procedure to achieve reproductive justice from different national, regional, and international vantage points; how public and courtroom debates are framed within medical, religious, and human rights arguments; the meaning of different narratives that recur in abortion litigation and language; and how respect for women and prenatal life is expressed in various legal regimes. By exploring how legal actors advocate, regulate, and adjudicate the issue of abortion, this timely volume seeks to build on existing developments to bring about change of a larger order. Contributors: Luis Roberto Barroso, Paola Bergallo, Rebecca J. Cook, Bernard M. Dickens, Joanna N. Erdman, Lisa M. Kelly, Adriana Lamačková, Julieta Lemaitre, Alejandro Madrazo, Charles G. Ngwena, Rachel Rebouché, Ruth Rubio-Marín, Sally Sheldon, Reva B. Siegel, Verónica Undurraga, Melissa Upreti.