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Arguments about Abortion
Does the morality of abortion depend on the moral status of the human fetus? Must the law of abortion presume an answer to the question of when personhood begins? Can a law which permits late abortion but not infanticide be morally justified? These are just some of the questions this book sets out to address. With an extended analysis of the moral and legal status of abortion, Kate Greasley offers an alternative account to the reputable arguments of Ronald Dworkin and Judith Jarvis Thomson and instead brings the philosophical notion of 'personhood' to the foreground of this debate. Structured in three parts, the book will (I) consider the relevance of prenatal personhood for the moral and le...
Abortion Rights
Presents critical and forcefully argued debate between two moral philosophers, setting out strong cases on both sides of the argument.
Beyond Roe
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 gi...
Persons, Parts and Property
The debate over whether human bodies and their parts should be governed by the laws of property has accelerated with the pace of technological change. Having long held that a corpse could not be property, the common law first recognised that there could be a property interest in human tissue in some circumstances in the early 1900s, but it was not until a string of judicial decisions and statutory regulation in the 1990s and early 2000s that the place of this 'exception' was cemented. The 2009 decision of the Court of Appeal of England and Wales in Yearworth & Ors v North Bristol NHS Trust added a new dimension to the debate by supporting a move towards a broader, more principled basis for finding (or rejecting) property rights in human tissue. However, the law relating to property rights in human bodies and their parts remains highly contested. The contributions in this volume represent a collation of the broad spectrum of analyses on offer, and provide a detailed exploration of the salient legal and theoretical puzzles arising out of the body-as-property question.
Philosophical Foundations of Medical Law
With advances in personalised medicine, the field of medical law is being challenged and transformed. The nature of the doctor-patient relationship is shifting as patients simultaneously become consumers. The regulation of emerging technologies is being thrown into question, and we face new challenges in the context of global pandemics. This volume identifies significant questions and issues underlying the philosophy of medical law. It brings together leading philosophers, legal theorists, and medical specialists to discuss these questions in two parts. The first part deals with key foundational theories, and the second addresses a variety of topical issues, including euthanasia, abortion, and medical privacy. The wide range of perspectives and topics on offer provide a vital introduction to the philosophical underpinnings of medical law.
Life Before Birth
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The Ethics of Abortion
Appealing to reason rather than religious belief, this book is the most comprehensive case against the choice of abortion yet published. The Ethics of Abortion critically evaluates all the major grounds for denying fetal personhood, including the views of those who defend not only abortion but also infanticide. It also provides several (non-theological) justifications for the conclusion that all human beings, including those in utero, should be respected as persons. This book also critiques the view that abortion is not wrong even if the human fetus is a person. The Ethics of Abortion examines hard cases for those who are prolife, such as abortion in cases of rape or in order to save the mot...
Oxford Studies in Philosophy of Law Volume 4
Oxford Studies in Philosophy of Law is a forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The essays range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning), the philosophical foundations of specific areas of law (from criminal law to evidence to international law), the history of legal philosophy, and related philosophical topics that illuminate the problems of legal theory. OSPL will be essential reading for philosophers, academic lawyers, political scientists, and historians of law who wish to keep up with the latest developments in this flourishing field.
Abortion Law in Transnational Perspective
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 a...
Life's Dominion
Internationally renowned lawyer and philosopher Ronald Dworkin addresses the crucially related acts of abortion and euthanasia in a brilliantly original book that examines their meaning in a nation that prizes both life and individual liberty. From Roe v. Wade to the legal battle over the death of Nancy Cruzan, no issues have opened greater rifts in American society than those of abortion and euthanasia. At the heart of Life's Dominion is Dworkin's inquest into why abortion and euthanasia provoke such controversy. Do these acts violate some fundamental "right to life"? Or are the objections against them based on the belief that human life is sacred? Combining incisive moral reasoning and close readings of indicidual court decisions with a majestic interpretation of the U.S. Constitution itself, Dworkin gives us a work that is absolutely essential for anyone who cares about the legal status of human life.
