Author: Henrik Friberg-Fernros Publisher: Springer ISBN: 3319572911 Category : Philosophy Languages : en Pages : 109
Book Description
This book questions how abortion laws can be regulated in a time when abortion rights are still subject to intense debate. It addresses objections to basing abortion law on considerations of moral risk, presents two anti-abortion arguments – the deprivation argument and the substance view – to demonstrate the risk of permitting abortion, and discusses the moral risk of restricting access to abortion when it may unjustifiably harm women. The author also shows how welfare states can address the negative effects of restrictive abortion laws by preventive, mitigative and compensatory measures. This is a thought-provoking and challenging book that will be of great interest to those considering abortion laws across the fields of medical ethics, bioethics, moral philosophy, law and politics.
Author: Francis J. Beckwith Publisher: Cambridge University Press ISBN: 1139466429 Category : Political Science Languages : en Pages : 482
Book Description
Defending Life is arguably the most comprehensive defense of the pro-life position on abortion - morally, legally, and politically - that has ever been published in an academic monograph. It offers a detailed and critical analysis of Roe v. Wade and Planned Parenthood v. Casey as well as arguments by those who defend a Rawlsian case for abortion-choice, such as J. J. Thomson. The author defends the substance view of persons as the view with the most explanatory power. The substance view entails that the unborn is a subject of moral rights from conception. While defending this view, the author responds to the arguments of thinkers such as Boonin, Dworkin, Stretton, Ford and Brody. He also critiques Thomson's famous violinist argument and its revisions by Boonin and McDonagh. Defending Life includes chapters critiquing arguments found in popular politics and the controversy over cloning and stem cell research.
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.
Author: Clarke D. Forsythe Publisher: Encounter Books ISBN: 1594036926 Category : Law Languages : en Pages : 498
Book Description
Based on 20 years of research, including an examination of the papers of eight of the nine Justices who voted in Roe v. Wade and Doe v. Bolton, Abuse of Discretion is a critical review of the behind-the-scenes deliberations that went into the Supreme Court's abortion decisions and how the mistakes made by the Justices in 1971-1973 have led to the turmoil we see today in legislation, politics, and public health. The first half of the book looks at the mistakes made by the Justices, based on the case files, the oral arguments, and the Justices’ papers. The second half of the book critically examines the unintended consequences of the abortion decisions in law, politics, and women’s health. Why do the abortion decisions remain so controversial after almost 40 years, despite more than 50,000,000 abortions, numerous presidential elections, and a complete turnover in the Justices? Why did such a sweeping decision—with such important consequences for public health, producing such prolonged political turmoil—come from the Supreme Court in 1973? Answering those questions is the aim of this book. The controversy over the abortion decisions has hardly subsided, and the reasons why are to be found in the Justices’ deliberations in 1971-1972 that resulted in the unprecedented decision they issued. Discuss Abuse of Discretion on Twitter using hashtag #AbuseOfDiscretion.
Author: Charles C. Camosy Publisher: Wm. B. Eerdmans Publishing ISBN: 0802871283 Category : Philosophy Languages : en Pages : 221
Book Description
The abortion debate in the United States is confused. Ratings-driven media coverage highlights extreme views and creates the illusion that we are stuck in a hopeless stalemate. In this book Charles Camosy argues that our polarized public discourse hides the fact that most Americans actually agree on the major issues at stake in abortion morality and law. Unpacking the complexity of the abortion issue, Camosy shows that placing oneself on either side of the typical polarizations -- pro-life vs. pro-choice, liberal vs. conservative, Democrat vs. Republican -- only serves to further confuse the debate and limits our ability to have fruitful dialogue. Camosy then proposes a new public policy that he believes is consistent with the beliefs of the broad majority of Americans and supported by the best ideas and arguments about abortion from both secular and religious sources.
Author: Leslie J. Reagan Publisher: Univ of California Press ISBN: 0520387422 Category : Medical Languages : en Pages : 433
Book Description
The definitive history of abortion in the United States, with a new preface that equips readers for what’s to come. When Abortion Was a Crime is the must-read book on abortion history. Originally published ahead of the thirtieth anniversary of Roe v. Wade, this award-winning study was the first to examine the entire period during which abortion was illegal in the United States, beginning in the mid-nineteenth century and ending with that monumental case in 1973. When Abortion Was a Crime is filled with intimate stories and nuanced analysis, demonstrating how abortion was criminalized and policed—and how millions of women sought abortions regardless of the law. With this edition, Leslie J. Reagan provides a new preface that addresses the dangerous and ongoing threats to abortion access across the country, and the precarity of our current moment. While abortions have typically been portrayed as grim "back alley" operations, this deeply researched history confirms that many abortion providers—including physicians—practiced openly and safely, despite prohibitions by the state and the American Medical Association. Women could find cooperative and reliable practitioners; but prosecution, public humiliation, loss of privacy, and inferior medical care were a constant threat. Reagan's analysis of previously untapped sources, including inquest records and trial transcripts, shows the fragility of patient rights and raises provocative questions about the relationship between medicine and law. With the right to abortion increasingly under attack, this book remains the definitive history of abortion in the United States, offering vital lessons for every American concerned with health care, civil liberties, and personal and sexual freedom.
Author: National Academies of Sciences, Engineering, and Medicine Publisher: National Academies Press ISBN: 0309468183 Category : Medical Languages : en Pages : 223
Book Description
Abortion is a legal medical procedure that has been provided to millions of American women. Since the Institute of Medicine first reviewed the health implications of national legalized abortion in 1975, there has been a plethora of related scientific research, including well-designed randomized clinical trials, systematic reviews, and epidemiological studies examining abortion care. This research has focused on examining the relative safety of abortion methods and the appropriateness of methods for different clinical circumstances. With this growing body of research, earlier abortion methods have been refined, discontinued, and new approaches have been developed. The Safety and Quality of Abortion Care in the United States offers a comprehensive review of the current state of the science related to the provision of safe, high-quality abortion services in the United States. This report considers 8 research questions and presents conclusions, including gaps in research.
Author: Reva B. Siegel Publisher: ISBN: 9780615648217 Category : Abortion Languages : en Pages : 390
Book Description
"As the landmark Roe v. Wade decision reaches its 40th anniversary, abortion remains a polarizing topic on America's legal and political landscape. Blending history, culture, and law, Before Roe v. Wade eplores the roots of the conflict, recovering through original documents and first-hand accounts the voices on both sides that helped shape the climate in which the Supreme Court ruled. Originally published in 2010, this new edition includes a new Afterword that explores what the history of conflict before Roe teaches us about the abortion conflict we live with today. Examining the role of social movements and political parties, the authors cast new light on a pivotal chapter in American history and suggest how Roe v. Wade, the case, because Roe v. Wade, the symbol. "--Cover, p. 4.
Author: Lee Epstein Publisher: Univ of North Carolina Press ISBN: 0807861294 Category : Law Languages : en Pages : 436
Book Description
The authors analyze abortion and death penalty decisions by the Supreme Court and argue that they provide prime examples of abrupt legal change. After proposing that the strength of legal arguments has at least as much impact on Court decisions as do public opinion and justices' political beliefs, they focus on the way litigators propel certain issues onto the Court's agenda and seek to persuade the justices to affect legal change.
Author: Henrik Friberg-Fernros
Author: Francis J. Beckwith
Author: David Boonin
Author: Clarke D. Forsythe
Author: Charles C. Camosy
Author: Leslie J. Reagan
Author: National Academies of Sciences, Engineering, and Medicine
Author: Diana Greene Foster
Author: Reva B. Siegel
Author: Lee Epstein