David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
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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.
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