Abortion and Dialogue: Pro-Choice, Pro-Life, and American Law

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Indiana University Press, 1992 M09 22 - 180 páginas

"The issues she takes on are crucial -- not solely the subject areas of reproductive rights and law, or public policy lenses and judicial impact in women's and children's lives, but also the more difficult and fundamental questions of how these 'hot topics' can be approached so as to make the most of the good will of all and the force of free discussion for social learning.... she brings a strong, evolving and distinctive perspective to the discussion." -- Emily Fowler Hartigan

In Abortion and Dialogue, Ruth Colker argues that the state falsely views the woman and the fetus as having conflicting needs when it intervenes in decisions regarding preganancies. Colker's feminist-theological perspective on reproductive health issues encourages both pro-choice and pro-life advocates to consider how the value of life is implicated in discussions of reproduction.

Colker argues that theology can contribute to our understanding if we apply the concepts of love, compassion, and wisdom to problems identified by feminist theory and to actual concrete situations: the impact of abortion regulations on poor female adolescents; the judicial treatment of abortion regulations; state intervention into women's decision-making during pregnancies carried to term. Colker concludes by examining effective and respectful family-planning strategies that truly help women in making reproductive choices.

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Contenido

An Authentic Self
3
The Problems
21
21
38
CHAPTER FOUR Empirical Data
58
CHAPTER SIX Roe v Wade
100
CHAPTER SEVEN Webster v Reproductive Health
128
CHAPTER EIGHT Maternity Cases
144
AFTERWORD Toward Choice and Life
158
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Página 103 - Specific and direct harm medically diagnosable even in early pregnancy may be involved. Maternity, or additional offspring, may force upon the woman a distressful life and future. Psychological harm may .be imminent. Mental and physical health may be taxed by child care. There is also the distress, for all concerned, associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically and otherwise, to care for it. In other cases, as in this...
Página 95 - There can be no doubt that our Nation has had a long and unfortunate history of sex discrimination. Traditionally, such discrimination was rationalized by an attitude of "romantic paternalism" which, in practical effect, put women not on a pedestal, but in a cage.
Página 10 - When I speak of the erotic, then, I speak of it as an assertion of the lifeforce of women; of that creative energy empowered, the knowledge and use of which we are now reclaiming in our language, our history, our dancing, our loving, our work, our lives.
Página 10 - But when we begin to live from within outward, in touch with the power of the erotic within ourselves, and allowing that power to inform and illuminate our actions upon the world around us, then we begin to be responsible to ourselves in the deepest sense. For as we begin to recognize our deepest feelings, we begin to give up, of necessity, being satisfied with suffering and self-negation, and with the numbness which so often seems like their only alternative in our society. Our acts against oppression...
Página 14 - Those who are unhappy have no need for anything in this world but people capable of giving them their attention. The capacity to give one's attention to a sufferer is a very rare and difficult thing; it is almost a miracle; it is a miracle.
Página 9 - What we need in the United States is not division; what we need in the United States is not hatred; what we need in the United States is not violence or lawlessness, but love and wisdom, and compassion toward one another, and a feeling of justice toward those who still suffer within our country, whether they be white or they be black.
Página 84 - ' '[discriminatory purpose' . . . implies more than intent as volition or intent as awareness of consequences. It implies that the decisionmaker, in this case a state legislature, selected or reaffirmed a particular course of action at least in part 'because of.' not merely 'in spite of,' its adverse effects upon an identifiable group.
Página 95 - Neither slaves nor women could hold office, serve on juries, or bring suit in their own names, and married women traditionally were denied the legal capacity to hold or convey property or to serve as legal guardians of their own children. . . . And although blacks were guaranteed the right to vote in 1870, women were denied even that right — which is itself "preservative of other basic civil and political rights" until adoption of the Nineteenth Amendment half a century later.
Página 126 - Ely, The Wages of Crying Wolf: A Comment on Roe v. Wade, 82 YALE LJ 920 (1973), and Epstein, Substantive Due Process By Any Other Name: The Abortion Cases, 1973 SUP.

Acerca del autor (1992)

RUTH COLKER, Professor of Law at the University of Pittsburgh, is the author of Abortion and Dialogue: Pro-Choice, Pro-Life, and American Law. She has written on feminist theory and abortion in such journals as the Harvard Law Review, Yale Law Journal, Columbia Law Review, Yale Journal on Law and Feminism, Harvard Women's Law Journal, and Columbia Journal on Gender and Law. In addition to her scholarship, she has served as a legal advocate on behalf of women working with the NOW Legal Defense and Education Fund as well as the ACLU.

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