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Breaking the abortion deadlock : from choice to consent / Eileen L. McDonagh.
Van Pelt Library HQ767.5.U5 M373 1996
Available
- Format:
- Book
- Author/Creator:
- McDonagh, Eileen L.
- Language:
- English
- Subjects (All):
- Abortion--Government policy--United States.
- Abortion.
- Abortion--Government policy.
- Pregnancy--Moral and ethical aspects.
- Pregnancy.
- United States.
- Abortion--Law and legislation--United States.
- Abortion--Law and legislation.
- Abortion--Moral and ethical aspects.
- Human reproduction--Moral and ethical aspects.
- Human reproduction.
- Women's rights--United States.
- Women's rights.
- Physical Description:
- xiii, 280 pages ; 24 cm
- Place of Publication:
- New York : Oxford University Press, 1996.
- Summary:
- This is a brilliant book. It resolves the tension central to much feminist imagery: that the fetus is not a living being and yet that pregnancy, like mothering, is a nurturing act (nurturing of what?)
- Contents:
- Intrusion Confusion 6
- Self-defense 7
- Having Your Cake and Eating It Too 8
- Reasons versus Justification for Abortion 9
- Ethical Models 12
- The Use of Deadly Force 15
- How to Get from Here to There 17
- From Legal Formalism to Policy Outcome 18
- Self-defense versus Self-sacrifice 19
- 2 Immaculate Pregnancy 21
- Women as Vessels 22
- Fetal Development 24
- Sex Causes Pregnancy 26
- Burdensome Condition 28
- Value to Society 29
- Policy Consequences of Cultural Codification 30
- The Fertilized Ovum 32
- The Fetus as Agent 34
- Consent to Fetal Intrusion 36
- 3 Separating Sex from Pregnancy 40
- The Legal Cause of Pregnancy 40
- The Medical Cause of Pregnancy 45
- Fetus as a Separate Entity 46
- Risk versus Consequences 49
- Resistance to Separating Sex from Pregnancy 55
- Different Types of Parenthood 58
- 4 Consent to Pregnancy 60
- Consent 60
- Consent to Fetal Intrusion 65
- Consent to Quantitative Intrusion 69
- Consent to Qualitative Intrusion 73
- Consent to Absolute Intrusion 77
- Duty of Care 78
- Consent to Altruism 81
- 5 Wrongful Pregnancy 84
- Wrongful Pregnancy as Serious Injury 84
- Normal Pregnancy as Serious Injury 89
- Two Modes of Privacy 91
- Latitude for Self-defense 93
- Innocent and Weak? 96
- Freedom from State Intrusion 99
- Freedom from Private Intrusion 100
- Stranded in a State of Nature 104
- 6 Abortion Funding and Due Process 107
- No State Obstacles 110
- Abortion Is Different 110
- Due Process and State Action 112
- From Private Action to State Action 114
- State Sanction of Private Injury 120
- 7 From Due Process to Equal Protection 125
- Concrete Intrusion 126
- Absolute versus Contingent Affirmative Rights 127
- Unconstitutional Means 132
- Losing Rights at Birth 138
- Equal Protection of Women's Physical Security 139
- From Sex Discrimination to Fundamental Rights 142
- Application to the Fetus 146
- Affirmative State Action 148
- Abortion Funding in a Minimalist State 152
- Grounds for Abortion Funding 153
- 8 Right to Bodily Access 155
- Coverture 155
- Domestic Violence 157
- From Rule of Thumb to Rule of Law 162
- The Congressional Alternative 164
- Congressional Metaphors 165
- 9 The Politics of Consent 170
- Good, Bad, and Captive Samaritans 170
- A Minimalist View 173
- Women's Victimization 177
- Self-defense or Self-sacrifice 179
- A Utilitarian Basis for Abortion Rights 183
- A Relational Basis for Abortion Rights 186
- Risks of Changing the Debate 190
- Betty Crocker versus Little Red Riding Hood 191
- Self-defense and the Antimother 192
- From Choice to Consent 194.
- Notes:
- Includes bibliographical references and index.
- ISBN:
- 0195091418
- 0195091426
- OCLC:
- 33403747
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