David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
This paper explores the legal status or value of the fetus by focusing on several different areas of law: abortion law, feticide, and fetal abuse laws. At the same time, the paper seeks to find consistency between abortion law on one hand, and feticide and fetal abuse law on the other. Ultimately, the conclusion reached is that the laws can coexist. Abortion is legal because the Court balanced the state's interest in potential life with a woman's privacy rights and health. However, there is no countervailing interest to be balanced in the case of feticide as fetal abuse, as any interests on the part of the perpetrator do not have merit.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Kate Gleeson (2009). The Other Abortion Myth—the Failure of the Common Law. Journal of Bioethical Inquiry 6 (1):69-81.
F. M. Kamm (1992). Creation and Abortion: A Study in Moral and Legal Philosophy. Oxford University Press.
James M. Humber (1977). Abortion, Fetal Research, and the Law. Social Theory and Practice 4 (2):127-147.
Kenneth A. Ville & Loretta M. Kopelman (1999). Fetal Protection in Wisconsin's Revised Child Abuse Law: Right Goal, Wrong Remedy. Journal of Law, Medicine and Ethics 27 (4):332-342.
David F. Walbert (1973). Abortion, Society, and the Law. Cleveland [Ohio]Press of Case Western Reserve University.
Chris Meyers (2010). The Fetal Position: A Rational Approach to the Abortion Debate. Prometheus Books.
Richard B. Miller (1989). On Transplanting Human Fetal Tissue: Presumptive Duties and the Task of Casuistry. Journal of Medicine and Philosophy 14 (6):617-640.
R. Jo Kornegay (2011). Hursthouse's Virtue Ethics and Abortion: Abortion Ethics Without Metaphysics? [REVIEW] Ethical Theory and Moral Practice 14 (1):51-71.
I. Glenn Cohen & Sadath Sayeed (2011). Fetal Pain, Abortion, Viability, and the Constitution. Journal of Law, Medicine and Ethics 39 (2):235-242.
Added to index2009-01-28
Total downloads35 ( #49,490 of 1,101,579 )
Recent downloads (6 months)1 ( #292,059 of 1,101,579 )
How can I increase my downloads?