David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Bioethical Inquiry 6 (1):69-81 (2009)
The 2006 trial of Suman Sood put criminal abortion on the public agenda for the first time in 25 years in NSW. Response to the case highlights tenacious myths about abortion law in Australia; namely that the common law “is an ass” that allows for abortion only by way of a lack of application of the law. By briefly explaining the history of abortion in Australia, I argue that the Sood case does not represent a general failure of the common law to allow abortion, nor does it support the popular myth that abortion is “technically” illegal, or that doctors who perform abortions have historically been the target of the criminal law in Australia. I show that contrary to myths promoted particularly around the 1998 Western Australian reforms, abortion has long been lawful in Australia, and the common law has merit compared to other regulatory regimes. Hence, arguments for alternative abortion regimes should not depend on myths which are shown to be unrepresentative of the political and legal situation in Australia.
|Keywords||Abortion Law Sood Common law|
|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
D. Jabbari (1990). Abortion, Doctors and the Law: Some Aspects of the Legal Regulation of Abortion in England From 1803 to 1982. Journal of Medical Ethics 16 (3):164-165.
Robert M. Baird & Stuart E. Rosenbaum (eds.) (2001). The Ethics of Abortion: Pro-Life Vs. Pro-Choice. Prometheus Books.
F. M. Kamm (1992). Creation and Abortion: A Study in Moral and Legal Philosophy. Oxford University Press.
Christopher Robert Kaczor (2010). The Ethics of Abortion: Women's Rights, Human Life, and the Question of Justice. Routledge.
James M. Jacobs (2004). The Relevance of Aristotle's Notion of Equity for the Contemporary Abortion Debate. Proceedings of the American Catholic Philosophical Association 78:119-132.
Demian Whiting (2011). Abortion and Referrals for Abortion: Is the Law in Need of Change? Journal of Evaluation in Clinical Practice 17 (5):1006-1008.
Leslie Cannold (2009). Reply to 'the Other Abortion Myth—the Failure of the Common Law'. Journal of Bioethical Inquiry 6 (1):129-130.
David F. Walbert (1973). Abortion, Society, and the Law. Cleveland [Ohio]Press of Case Western Reserve University.
Added to index2009-01-28
Total downloads36 ( #91,119 of 1,726,249 )
Recent downloads (6 months)5 ( #147,227 of 1,726,249 )
How can I increase my downloads?