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Books > Social sciences > Sociology, social studies > Social issues > Ethical issues & debates > Abortion
The debate on abortion has tended to avoid the psychological
significance of an unwanted pregnancy, dominated instead by the
strong emotions the subject excites. In this book Eva Pattis Zoja
examines the thoughts and feelings that surround the decision to
end a pregnancy, through the dreams, diary entries and reports of
the women themselves.
Available Open Access under CC-BY licence. Irish law currently permits abortion only where the life of the pregnant woman is at risk. Since 1983, the 8th Amendment to the Constitution has recognised the "unborn" as having a right to life equal to that of the "mother". Consequently, most people in Ireland who wish to bring their pregnancies to an end either import the abortion pill illegally, travel abroad to access abortion, or continue with the pregnancy against their will. Now, however, there are signs of change. A constitutional referendum will be held in 2018, after which it will be possible to reimagine, redesign, and reform the law on abortion. Written by experts in the field, this book draws on experience from other countries, as well as experiences of maternal medical care in Ireland, to call for a feminist, woman-centered, and rights-based radical new approach to abortion law in Ireland. Directly challenging grounds-based abortion law, this accessible guide brings together feminist analysis, comparative research, human rights law, and political awareness to propose a new constitutional and legislative settlement on reproductive autonomy in Ireland. It offers practical proposals for policymakers and advocates, including model legislation, making it an essential campaigning tool leading up to the referendum.
Among all human practices, procreation seems the most paradoxical. It starts as a fully personal choice and ends with the creation of a new subject of rights and responsibilities. Advances in reproductive genetics pose new ethical and legal questions. They are expected to prevent the transmission of genetic diseases to progeny and also to improve genetically-endowed mental and physical attributes. Genetic selection and enhancement may affect a child's identity, as well as the parent-child relationship. The authors are committed to a pluralistic approach that captures all aspects of this relationship in terms of moral virtues and principles. They elucidate that most of the conflicts between parental preferences and a child's rights could be resolved with reference to the meaning and nature of procreation.
Abortion in Latin America and the Caribbean is the first major book to analyze the abortion laws of the Latin American and Caribbean nations that are parties to the American Convention on Human Rights. Making use of a broad range of materials relating to human rights and abortion law not yet available in English, the first part of this book analyzes how Inter-American human rights bodies have interpreted the American Convention's prenatal right to life. The second part examines Article 4(1) of the American Convention, comparing and analyzing the laws regarding prenatal rights and abortion in all twenty-three nations that are parties to this treaty. Castaldi questions how Inter-American human rights bodies currently interpret Article 4(1). Against the predominant view, she argues that the purpose of this treaty is to grant legal protection of the unborn child from elective abortion that is broad and general, not merely exceptional. Abortion in Latin America and the Caribbean offers an objective analysis of national and international laws on abortion, proposing a new interpretation of the American Convention's right-to-life provision that is nonrestrictive and provides general protection for the unborn. The book will appeal not only to students and scholars in the field of international human rights but also to human rights advocates more generally.
View the Table of Contents. Read Chapter One. aDoes a terrific job of laying out how the courts have conspired
to limit the abortion access of teenaged girls. The results are
clear, convincing, and enraging. How we- and the lawmakers who
represent us- respond will indicate whether the pro-choice
community has the wherewithal to fight back and defend Roe. Helena
Silverstein has broken the silence on judicial bypass. It is now up
to the rest of us to take action.a aSilverstein implements a tremendous research design that yields a very well-written book, and the resulting evidence backs up a powerful indictment of street level justice at work.a--"Law and Politics Book Review" aDoes a terrific job of laying out how the courts have conspired
to limit the abortion access of teenage girls. The results are
clear, convincing and enraging. . . . Silverstein has broken the
silence on judicial bypass. It is now up to the rest of us to take
action.a aSilversteinas book is a welcome addition because, rather than
focusing on normative debates about abortion that almost anyone
interested in the question is already familiar with, she focuses on
how parental notification laws actually work on the ground. The
book is judicious and moderate in tone. . . . A first-rate work of
social science.a aThatas the law; whatas the practice? Helena Silverstein, a
political scientist, surveyed the courts charged with implementing
the parental bypass in Alabama, Tennessee and
Pennsylvaniaa]Silversteinas findings, which range from disturbing
to appalling, are set out in Girls on the Stand: How Courts Fail
Pregnant Minors.a In the wake of the Supreme Court's 1973 "Roe v. Wade" decision,
many states tested "Roe" by placing restrictions on abortion
rights. Most states now have parental consent laws for women under
age eighteen. For minors who have reason to avoid parental
involvement, the Supreme Court has instituted a generally welcomed
compromise that allows minors to seek authorization by a third
party, usually a judge. In this groundbreaking study, Silverstein
demonstrates that this compromise is fatally flawed. . . .
Silverstein does an excellent job of explicating the serious
problems with this compromise, concluding that it is rooted in the
myth that judges can be relied on to be unbiased. . . . Silverstein
has produced an important contribution to women's studies and legal
practice and theory.a aHelena Silverstein's important research reveals a court system
that all too often fails the most vulnerable teenagers.a aTaking on the emotionally charged issue of mandatory parental
involvement in the abortion decisions of minors and judicial bypass
provisions in three states, Silverstein carefully lays out and
skillfully dismantles myths that sustain support for these
policies. Her prose is lucid and engaging, her argument powerful
and persuasive. This book is one of the best examples of a new
generation of scholarship on law and legal processes.a aSilverstein develops an incisive, empirically rich, and tightly
reasoned case about how the beguiling amyth ofrightsa props up a
fatally flawed public policy for pregnant minors. This is a
veryoriginal, powerful, and important book that deserves to be read
by a wide audience.a aSilverstein's research on the by-pass protections written into
parental notification legislation reveals how and why these
protections provided for pregnant minors are subverted by clumsy
bureaucratic procedures and by politically driven judicial
decisions. In so doing, she brings empirical evidence, conceptual
sophistication and extraordinary good sense to divisive
controversies over reproductive rights, legality and
democracy.a The U.S. Supreme Court has decided that states may require parental involvement in the abortion decisions of pregnant minors as long as minors have the opportunity to petition for a "bypass" of parental involvement. To date, virtually all of the 34 states that mandate parental involvement have put judges in charge of the bypass process. Individual judges are thereby responsible for deciding whether or not the minor has a legitimate basis to seek an abortion absent parental participation. In this revealing and disturbing book, Helena Silverstein presents a detailed picture of how the bypass process actually functions. Silverstein led a team of researchers who surveyed more than 200 courts designated to handle bypass cases in three states. Her research shows indisputably that laws are being routinely ignored and, when enforced, interpreted by judges in widely divergent ways. In fact, she finds audaciousacts of judicial discretion, in which judges structure bypass proceedings in a shameless and calculated effort to communicate their religious and political views and to persuade minors to carry their pregnancies to term. Her investigations uncover judicial mandates that minors receive pro-life counseling from evangelical Christian ministries, as well as the practice of appointing attorneys to represent the interests of unborn children at bypass hearings. Girls on the Stand convincingly demonstrates that safeguards promised by parental involvement laws do not exist in practice and that a legal process designed to help young women make informed decisions instead victimizes them. In making this case, the book casts doubt not only on the structure of parental involvement mandates but also on the naAve faith in law that sustains them. It consciously contributes to a growing body of books aimed at debunking the popular myth that, in the land of the free, there is equal justice for all.
Before Roe v. Wade, somewhere between one and two million illegal abortions were performed every year in the United States. Illegal abortion affected millions of women and their families, yet their stories remain hidden. In Creating Choice, citizens of one community in Western Massachusetts' Pioneer Valley break that silence. Doctors, clergy, and members of feminist women's collectives in the Pioneer Valley provided access to birth control (illegal in the state for single women until 1972) and abortions. Their work was done in defiance of the law, sometimes in secret, but often surprisingly openly. These activists felt they had no choice but to defy the laws and often met with support from surprising places, like university administrators, church officials, and the local police department. In Creating Choice, you'll meet a college chaplain moved to break the law after one of his students died of a back alley abortion and another hung herself; you'll meet a waitress who performed over 1,500 illegal abortions in her pink bathtub; and you'll meet the women themselves who risked their very lives.
View the Table of Contents. Read the Introduction. aBrings together some of Americaas brightest legal minds to make
the best arguments available for and against the constitutional
right to abortion. An exceptional volume and essential for anyone
who wants to understand the constitutional debate about
"Roe,"a "The interest of the whole lies precisely in its depiction
within a single volume of where the debate stands." "Reading Jack Balkin's edited book, "What Roe v. Wade Should
Have Said," conjures up thoughts in the reader, like 'darn, I wish
I had thought of that.'" aThis array of intelligent and serious alternatives to the
Court's stunningly inadequate opinion in "Roe v. Wade" asome
reaching the same, some the opposite conclusion, some in between
ais the most convincing argument against any litmus test on this
subject either way for future Supreme Court Justices.a "Whatever beliefs you may hold concerning these issues, you will
find those beliefs subjected to thoughtful--even
passionate--challenge in at least one of these opinions." ""What Roe v. Wade Should Have Said" provides vigorous and
diverse substitute opinions by leading scholars that broaden,
deepen, and improve the current debates while sharpening what a
supreme court can and cannot do on such a highly disputed
matter." "In an era in which it's entirely possible that someone else is
actually going to get to reimagine what"Roe v. Wade" should have
said, this book is an interesting fantasy excercise." In January 1973, the Supreme Court's opinion in "Roe v. Wade" struck down most of the country's abortion laws, and held for the first time that women had a constitutional right to safe and legal abortions. Three decades later, Roe v. Wade remains one of the Supreme Court's most controversial decisions, and political struggles over abortion rights still divide American politics. Roe has emerged as a central issue in federal judicial nominations, becoming a powerful symbol in debates about judicial restraint, judicial activism, and the proper role of courts in a democratic society. In "What Roe v. Wade Should Have Said," eleven distinguished constitutional scholars rewrite the opinions in this landmark case in light of thirty years of experience but making use only of sources available at the time of the original decision. Taking positions both for and against the constitutional right to abortion, the contributors offer novel and illuminating arguments that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed introduction to "Roe v. Wade," chronicling the history of the "Roe" litigation, the constitutional and political clashes that followed it, and the state of abortion rights in the U.S. today. Contributing their versions of "Roe" are: Anita Allen, Akhil Amar, Jack M. Balkin, Teresa Stanton Collett, Michael Stokes Paulsen, Jeffrey Rosen, Jed Rubenfeld, Reva Siegel, Cass Sunstein, Mark Tushnet, and Robin West.
Todays society demands physical perfection from all and regards medical and scientific technologies as saviours to be embraced whatever the cost. To have a child who has been diagnosed with a disability is deemed not just unnecessary, but careless and even immoral. This book tells the courageous stories of women who continued their pregnancies despite intense pressure from doctors, family members and social expectations. These women were told they shouldnt have their babies because of a perceived imperfection in the child, or because their own disabilities do not fit within the parameters of what a mother should be. In the face of silent disapproval and open hostility, they have confronted the stigma of disability and had their children anyway. Some of the writers tell of grave misdiagnosis, others of life-changing experiences, discovering the joy and love in children considered unworthy of life.
Laurie Shrage attributes much of the long-standing controversy about abortion to Roe v. Wade and to the Supreme Court's controversial regulatory scheme in that 1973 decision. Shrage explores the origins of that scheme but argues for an alternate scheme - therapeutic abortions shorter than six months can protect women's interests and advance important public interests, but that reproductive rights campaigns should also focus on the social and economic conditions that prevent women having access to the abortion services they need. Including over 40 illustrations of pro-life and pro-choice advertisements to demonstrate the nature of the debate, this timely and provocative work will appeal to feminists in a wide range of fields including philosophy, political science, women's studies, communication, and public policy.
Laurie Shrage attributes much of the long-standing controversy about abortion to Roe v. Wade and to the Supreme Court's controversial regulatory scheme in that 1973 decision. Shrage explores the origins of that scheme but argues for an alternate scheme - therapeutic abortions shorter than six months can protect women's interests and advance important public interests, but that reproductive rights campaigns should also focus on the social and economic conditions that prevent women having access to the abortion services they need. Including over 40 illustrations of pro-life and pro-choice advertisements to demonstrate the nature of the debate, this timely and provocative work will appeal to feminists in a wide range of fields including philosophy, political science, women's studies, communication, and public policy.
This book offers a oral history of pro-life direct activism in America from the late 1970s through the early 1990s. Through the stories of leaders and followers, men and women, Catholics and evangelicals, Carol Maxwell explores the complex beliefs and desires that gave rise to this activism, sustained, and eventually undid it. She offers a unique view of the minds of individual protestors and an important account of the direct action movement--as its initial commitment to Ghandian non-violence was broken down by the lethal acts that accompanied its end.
Teenage pregnancy is a public health concern that is growing more prevalent in both developed and developing countries. Understanding the problems of teenage motherhood and suggesting relevant preventive strategies and interventions can help break the cycle of poverty, poor education, and risky behaviors that can lead to health and child welfare issues. Socio-Cultural Influences on Teenage Pregnancy and Contemporary Prevention Measures is an essential reference source that discusses the causes and factors responsible for early motherhood, as well as the mental and psychological outlooks of teen mothers. Featuring research on topics such as minority populations, family dynamics, and sex education, this book is ideally designed for healthcare students, medical professionals, practitioners, nurses, and counselors seeking coverage on the issues, reasons, and outcomes of teenage pregnancy, as well as preventive strategies to combat teenage motherhood.
After World War II, U.S. policy experts--convinced that unchecked population growth threatened global disaster--successfully lobbied bipartisan policy-makers in Washington to initiate federally-funded family planning. In Intended Consequences, Donald T. Critchlow deftly chronicles how the government's involvement in contraception and abortion evolved into one of the most bitter, partisan controversies in American political history. The growth of the feminist movement in the late 1960s fundamentally altered the debate over the federal family planning movement, shifting its focus from population control directed by established interests in the philanthropic community to highly polarized pro-abortion and anti-abortion groups mobilized at the grass-roots level. And when the Supreme Court granted women the Constitutional right to legal abortion in 1973, what began as a bi-partisan, quiet revolution during the administrations of Kennedy and Johnson exploded into a contentious argument over sexuality, welfare, the role of women, and the breakdown of traditional family values. Intended Consequences encompasses over four decades of political history, examining everything from the aftermath of the Republican "moral revolution" during the Reagan and Bush years to the current culture wars concerning unwed motherhood, homosexuality, and the further protection of women's abortion rights. Critchlow's carefully balanced appraisal of federal birth control and abortion policy reveals that despite the controversy, the family planning movement has indeed accomplished much in the way of its intended goal--the reduction of population growth in many parts of the world. Written with authority, fresh insight, and impeccable research, Intended Consequences skillfully unfolds the history of how the federal government found its way into the private bedrooms of the American family.
This revised and updated edition of the 2016 bestselling work sets out the moral arguments for a woman's right to decide the future of her pregnancy. Drawing on traditions of philosophical and sociological thinking, it presents the case for recognizing autonomy in personal, private decision-making about reproductive intentions. Further, it argues that to prevent a woman making this decision according to her own values is to undermine the essence of her humanity. The author explores how true respect for human life and regard for individual conscience demands that we support a woman's right to decide, and that support for her right to terminate her pregnancy has moral foundations and ethical integrity. This second edition features a foreword by US abortion provider and reproductive justice advocate Dr. Willie Parker, as well as additional chapters that consider the rights of doctors and nurses to withdraw from abortion provision on grounds of conscience. Furedi also surveys the rapidly changing landscape of the abortion debate, including the rights of women in the aftermath of Trump's presidency; debates, politics and religion in Northern Ireland and the Republic of Ireland; and the differing levels of provision across Europe.
Abortion is a woman's health concern and a complex moral dilemma everywhere. It is now also one of the most intractable social and political problems of our time. This book provides the first account of the abortion controversy globally. It examines how this issue is being played out beyond the established western liberal democracies and how the Catholic Church and other groups engage it worldwide. The questions addressed in this scholarly and readable work are of paramount significance for the future management of this dispute.
The routinization of non-invasive prenatal genetic testing (NIPT) raises urgent questions about disability rights and reproductive justice. Supporters defend NIPT on the grounds that genetic information about the fetus helps would-be parents make better family planning choices. Prenatal Genetic Testing, Abortion, and Disability Justice challenges that assessment by exploring how NIPT can actually constrain pregnant women's options. Prospective parents must balance a complicated array of factors, including the familial, social, and financial support they can reasonably expect to receive if they choose to carry a disabled fetus to term and raise after birth, causing many pregnant women to "choose" termination. Focusing on the US, the book explores the intent and effects of prenatal screening in connection to women's bodily autonomy and disability rights, addressing themes at the intersection of genetic medicine, policymaking, critical disabilities studies, and political theory. Knight and Miller shift debates about reprogenetics from bioethics to political practice, as well as thoroughly critiquing the neoliberal state and the eugenic technologies that support it. Providing concrete suggestions for reforming medical practice, welfare policy, and cultural norms surrounding disability, this book highlights sites of necessary reform to envision how prospective parents can make truly free choices about prenatal genetic testing and selection abortion.
This compelling book uses 103 illustrations to argue that modes of
visualizing science have profoundly determined "fetal politics" and
the contemporary abortion debates. With its close interplay of
visual and verbal texts, it traces both the history of fetal images
from the sixteenth century onward (including the classic Life
magazine photographs of Lennart Nilsson in 1965) and the
consequences of how obstetrical and embryological knowledge was
represented over time in Europe--to both specialists and the
public--as medical knowledge came to be produced and understood
through anatomical observation.
The ongoing debate over abortion serves as a clear indication that the Supreme Court decision of 1973 did little to settle the question of abortion's legitimacy. If anything, in fact, the debate has grown, with more strident voices and, in some cases, more violent dimensions than ever before. On both sides, the debate has been dominated by passionate but not always rational arguments. It seems as thought there are no tame opinions about abortion in this country, that public policy is the product of slogans, sound bites, and placards, instead of principled argument. By presenting the balanced, rational argument for the Catholic position on this highly charged subject, Abortion and Public Policy makes a major contribution to public policy discourse in our pluralistic society. R. Randall Rainey, S.J., LL.M., is Senior Fellow at the Woodstock Theological Center at Georgetown University. Gerard Magill Ph.D., is Chair of the Department of Health Care Ethics and Director of the interdisciplinary Ph.D. program in Health Care Ethics at Saint Louis University.
Civil Dialogue on Abortion provides a cutting-edge discussion between two philosophy scholars on each side of the abortion debate. Bertha Alvarez Manninen argues for her pro-choice view, but also urges respect for the life of the fetus, while Jack Mulder argues for his pro-life view, but recognizes that for the pro-life movement to be consistent, it must urge society to care more for the vulnerable. Coming together to discuss their views, but also to seek common ground, the two authors show how their differing positions nevertheless rest upon some common convictions. The book helps to provide a way forward for a divide that has only seemed to widen the aisle of public discourse in recent years. This engaging book will prove essential reading for students across multiple disciplines, including applied ethics, medical ethics, and bioethics, but will also be of interest to students of religious studies and women's studies.
Foreign assistance by the United States is tangled with domestic politics, and perhaps this is most clear in relation to funding for health and family planning. The long arm of U.S. domestic politics has reached the intimate lives of women all over the world because it has threatened major cuts in funding to healthcare organizations in developing countries if they perform or promote abortions. This "global gag rule," so-called because to even mention abortion endangered funding, has been a hallmark of Republican administrations since it was first enacted by President Ronald Reagan. When Donald Trump reinstated and expanded the policy, there was popular uproar and a firestorm of debate. Proponents of the policy emphasize the importance of reducing the number of abortions globally and claim that the gag rule will be effective in achieving this goal. In this innovative book, Yana van der Meulen Rodgers argues that the gag rule has failed to achieve its goal of reducing abortions, in fact the restrictive legislation likely has increased unsafe abortions, and because the reduction in funding is indiscriminate there are negative repercussions across a range of health outcomes for women, children, and men. While proponents of the policy rely on ideology, Rodgers provides systematic analysis of how the global gag rule affects women's reproductive health across developing regions, grounded in a conceptual framework that models the complex factors that influence women's decision making about fertility. She also traces the background to American policy, the evolution of international family planning programs, the links between contraceptive access and fertility rates, and the relationship between restrictive abortion laws and abortion rates. And because Rodgers provides a rounded perspective on factors influencing women's decisions on reproduction and abortion, she offers a constructive and cost-effective approach for U.S. family planning assistance that targets integrated reproductive health services.
For the past forty years, prominent pro-life activists, judges and politicians have invoked the history and legacy of American slavery to elucidate aspects of contemporary abortion politics. As is often the case, many of these popular analogies have been imprecise, underdeveloped and historically simplistic. In Slavery, Abortion, and the Politics of Constitutional Meaning, Justin Buckley Dyer provides the first book-length scholarly treatment of the parallels between slavery and abortion in American constitutional development. In this fascinating and wide-ranging study, Dyer demonstrates that slavery and abortion really are historically, philosophically and legally intertwined in America. The nexus, however, is subtler and more nuanced than is often suggested, and the parallels involve deep principles of constitutionalism.
Examining the changing pluralities of contemporary abortion debate in Britain, this innovative and important book shows why it is necessary to move beyond an understanding of abortion politics as characterised in binary terms by 'pro-choice' versus 'pro-life'. Amery traces the evolution of political and parliamentary discourses from the passage of the Abortion Act in the 1960s to the present day, and argues that the current provision of abortion in Britain rests on assumptions about medical authority over women's reproductive decision-making which are unsustainable. She explores new arguments around sex-selective abortion, disability rights, pre-abortion counselling and the push for decriminalization, and radically reconceptualizes the debate to account for these new battlegrounds in abortion politics.
Vigorously demonstrating the relevance of reasoning to important moral problems, the participants in this dialogue resist the temptations of strident emotional appeal in an effort to present the most honorable and intellectually sophisticated sides of their arguments. This effort leads them to consideration of ante-bellum slavery, to a comparison of the notions of absolute truth in ethics versus mathematics, and to constructive discussions of genetics, artificial intelligence, euthanasia, personal identity, human sexuality, and Roe v. Wade. |
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