Abortion and Social Responsibility: Depolarizing the Debate by Laurie Shrage PDF

By Laurie Shrage

ISBN-10: 0195153081

ISBN-13: 9780195153088

ISBN-10: 1423763025

ISBN-13: 9781423763024

Shrage argues that Roe v Wade's regulatory scheme of a six-month time span for abortion on call for polarized the general public and obscured choices with probably broader help. She explores the origins of that scheme, then defends an alternative one--with a time span shorter than 6 months for non-therapeutic abortions--that may well win wide aid had to make criminal abortion providers to be had to all ladies.

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S]o important a decision should not be overruled . . "87 Dworkin argues that the viability timeframe, though not necessary, is appropriate for three reasons: First, at about the time of fetal viability but not much before, the brain may have developed sufficiently so that a primitive form of fetal sentience is possible. A fetus might then sensibly be said to have interests of its own. . 88 Dworkin's third reason is that, after viability, the fetus is sufficiently developed such that to abort at that time without medical reasons would demonstrate a failure to treat the taking of human life in a serious and responsible way.

A more moderate reform-type scheme with reasonable therapeutic requirements in the second trimester might have preempted much of the political, professional, and bureaucratic resistance to Roe that Blake rightly predicted, as well as its unfortunate class effects. States have been successful in subverting Roe's scheme, in part, because the Supreme Court, loaded with anti-Roe judges, has replaced the "strict scrutiny" test (generally applied to infringements of fundamental rights) with the "undue burden" standard, thereby diminishing the force of the privacy argument made in Roe.

So although the decision to abort is less protected from societal interference, when a woman's decision meets societal expectations, she has greater access to medical resources. The rulings of the German Constitutional Court on abortion reflect the idea that the reasonableness of social expectations is partly a function of the resources society offers to help individuals meet these expectations. This court has ruled that abortion on demand is inconsistent with the value society places on each human life, but this court also recognizes the inappropriateness of coercing motherhood and nurture by threatening criminal sanctions.

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Abortion and Social Responsibility: Depolarizing the Debate (Studies in Feminist Philosophy) by Laurie Shrage


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