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Download PDF by Eileen McDonagh: Breaking the Abortion Deadlock: From Choice to Consent

By Eileen McDonagh

ISBN-10: 0195091418

ISBN-13: 9780195091410

This article makes an attempt to reframe abortion rights by means of focusing no longer on a woman's correct to settle on abortion, yet particularly on a woman's correct to consent to being pregnant. Drawing on felony, scientific and philosophical definitions of being pregnant, it disaggregates the consent to sexual activity from the consent to being pregnant and argues that women and men have equivalent correct to physically integrity, that is outlined because the freedom from nonconsensual physically intrusion. The paintings presents the grounds for a woman's correct to an abortion and kingdom investment of abortions.

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Additional info for Breaking the Abortion Deadlock: From Choice to Consent

Example text

6 Instead of analyzing precisely what constitutes the condition of pregnancy, the Court referred to this condition with only the most loosely constructed metaphors—so loose and so culturally derived, in fact, that the Court's terms replicate what many of my undergraduate students say when first asked to define pregnancy. Both the students' and the Court's definitions of pregnancy, like most other cultural depictions of it, fit into five categories: women as vessels, fetal development, caused by sex, burdensome condition, and value to society.

Such a reframing, while not the only way to portray the abortion issue, is nonetheless well suited to the masculine biases encoded in law. Whereas some seek to change those legal principles and processes, this book accepts them as givens in order to find a more immediate route to abortion funding. "51 Yet this book's proposal for getting from here to there is as practical as it is theoretical. Part of what is "real and true" about pregnancy is that the current legal formalisms developed by the Court to establish women's constitutional right to an abortion have meant, at a practical Where Do We Go from Here?

As a result, in the context of consensual sex, in the Court's view, it is as if the burdens of pregnancy passively come out of nowhere, attributable to no private party. Burdensome Condition The way in which our culture depicts pregnancy as a burdensome condition ranges from mere inconvenience to major sacrifice. " From its first review in 1973 of a woman's constitutional right to an abortion, the Supreme Court has also incorporated into law views of pregnancy as a burdensome condition for a woman.

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Breaking the Abortion Deadlock: From Choice to Consent by Eileen McDonagh

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