Download or read book Breaking the Abortion Deadlock written by Eileen McDonagh and published by Oxford University Press. This book was released on 1996-10-24 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over twenty years the abortion debate has raged, with each side entrenched in unyielding positions. This book breaks the impasse by using pro-life premises to reach pro-choice conclusions. While it is commonly assumed that state protection of the fetus as a form of human life undermines women's reproductive rights, McDonagh instead illuminates how it is exactly such state protection of the fetus that strengthens, rather than weakens, not only women's right to an abortion, but even more significantly, women's ability to call on the state for abortion funding. McDonagh's approach, by bridging the divide between pro-life and pro-choice advocates, revolutionizes the abortion debate in a way that opens up a whole new avenue for resolving the abortion conflict and advancing women's rights. McDonagh reframes the abortion debate by locating the missing piece of the puzzle: the fetus as the cause of pregnancy. After exposing the myths on this subject, her exacting analysis presents the scientific and legal evidence that the ultimate source of pregnancy is the fetus. The central issue then becomes what the fetus, as an active agent, does to a woman's body during pregnancy, whether that pregnancy is wanted or not. McDonagh graphically describes the massive changes produced by the fetus when it takes over a woman's body. As such, pregnancy is best depicted not as a condition that women have a right to choose but rather as a condition to which they must have a right to consent. Abortion, therefore, does not rest on the intensely debated principle, stated in Roe, that women have a right to be free from state interference when choosing privately what to do with their own bodies. Instead, as McDonagh's book explains, abortion rights flow inevitably from women's more established right to consent to what another agent does to their body. Specifically, women have a right to resist an unwanted intrusion by a fetus as well as to receive help from the state to stop such an intrusion. Moving abortion rights from choice to consent has broad legal and cultural ramifications tapping into the very cornerstone of the American political system: consent. McDonagh unravels the consequences of extending to pregnant women the same guarantees of bodily integrity and liberty possessed by others in our society. Specifically, she shows why a woman who does not consent to be made pregnant by a fetus, not only has a right to terminate pregnancy, but why the state violates constitutional due process and equal protection guarantees when it fails to provide her with the same protections against nonconsensual intrusions by a fetus as it provides against nonconsensual intrusions by other parties. This book pivotally strengthens, therefore, not only women's right to abortion but also abortion funding. By providing new grounds both for the public funding of abortion and for the removal of government restrictions on abortions, it lays the foundation for enhancing women's rights through major policy changes in legislatures and courts.
Download or read book Choice Contract Consent written by Anthony De Jasay and published by . This book was released on 1991 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Choice, Contract, Consent, in restating liberalism, finds its rock-bottom foundations in six first principles that are either self-evident, or readily acceptable to bona fide reason. These simple, relatively undemanding principles dictate the outline of a stable political doctrine. The doctrine is strict, in that it confines the state to mandatory tasks, instead of allowing it discretionary latitude within rules. This is a loose constraint because collective choice can choose its own rules. Political doctrine informs practical politics. In politics, collective choice replace and often overrides individual choice. For this to be legitimate, it does not suffice to respect procedures, such as those demanded by democracy. Collective choice to be morally justified, needs substantive legitimacy too. Choice, Contract, Consent develops the conditions that substantive legitimacy must meet and delineates the restricted class of cases where a liberal government may pre empt the voluntary choices of its citizens.
Download or read book Choice and Consent written by Rosemary Hunter and published by Routledge. This book was released on 2007-12-04 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This current and timely volume presents new thinking and new directions in feminist legal scholarship. Rethinking key concepts in legal feminism, Cowan and Hunter provide a unique examination of key socio-legal concepts in law, jurisprudence and legal and political theory. Written by an international cast of contributors, offering different cultural perspectives as well as doctrinal and theoretical knowledge, this collection of essays presents a dialogue between different feminist positions and approaches to a common theme. It addresses a range of questions, including: Can 'consent' be rethought and infused with different meanings in a post-liberal feminist politics? Can the concepts of 'choice' and 'consent' have consistent meanings and functions between different areas of law, or whether they prove to be highly contingent when viewed across the broad field of law. Exploring the deeply gendered concepts of ‘choice’ and ‘consent’ and examining the philosophical and jurisprudential issues surrounding them as well as how ‘choice’ and ‘consent’ operate in particular areas of law, including criminal law, medical law, constitutional law, employment law, family law and civil procedure, this volume is a key resource for postgraduate law students studying jurisprudence.
Download or read book Choice Consent and the Social Contract written by Sharon Elaine Davis Rives and published by . This book was released on 1979 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Principles Guidelines for Informed Choice Consent written by New Zealand. Working Party on Informed Consent and published by . This book was released on 1991 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Screw Consent written by Joseph J. Fischel and published by Univ of California Press. This book was released on 2019-01-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: When we talk about sex—whether great, good, bad, or unlawful—we often turn to consent as both our erotic and moral savior. We ask questions like, What counts as sexual consent? How do we teach consent to impressionable youth, potential predators, and victims? How can we make consent sexy? What if these are all the wrong questions? What if our preoccupation with consent is hindering a safer and better sexual culture? By foregrounding sex on the social margins (bestial, necrophilic, cannibalistic, and other atypical practices), Screw Consent shows how a sexual politics focused on consent can often obscure, rather than clarify, what is wrong about wrongful sex. Joseph J. Fischel argues that the consent paradigm, while necessary for effective sexual assault law, diminishes and perverts our ideas about desire, pleasure, and injury. In addition to the criticisms against consent leveled by feminist theorists of earlier generations, Fischel elevates three more: consent is insufficient, inapposite, and riddled with scope contradictions for regulating and imagining sex. Fischel proposes instead that sexual justice turns more productively on concepts of sexual autonomy and access. Clever, witty, and adeptly researched, Screw Consent promises to change how we understand consent, sexuality, and law in the United States today.
Download or read book The Ethics of Consent and Choice in Prenatal Screening written by Eleanor Miligan and published by Cambridge Scholars Publishing. This book was released on 2011-01-18 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, notions of individual autonomy, personal “choice” and preference have become woven into our reproductive expectations. With respect to prenatal screening, the choices sought, offered or denied are shaped and interpreted through a range of social, personal, institutional and philosophical lenses. While prenatal screening seeks to promote parental choice and early intervention, for the most part, the genetic anomalies commonly targeted are inherently “unfixable.” Frequently, the only further intervention on offer is selective termination. Hence, the practice of prenatal screening raises complex ethical questions, forcing judgement on the desirability or undesirability of certain traits in our future offspring. This book explores the numerous factors that shape how such ethical choices are interpreted from the perspective of individual mothers and health care providers, and considers the impact of these factors on personal autonomy and consent to prenatal screening.
Download or read book Choice and Consent in the American Experiment written by Harvey C. Mansfield and published by . This book was released on 1987 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sexuality and the Law written by Arthur S. Leonard and published by Routledge. This book was released on 2013-12-16 with total page 1187 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 1993. Sexuality and the Law: An Encyclopedia of Major Legal Cases is the third volume to appear in the American Law and Society series. Consistent with the philosophy of the series, the more than 100 essay/entries in Sexuality and the Law deal with important legal issues without descending into jargon or lawyer's Latin. This book describes more than one hundred significant court decisions concerning sexual ity.
Download or read book The Healer s Power written by Howard Brody and published by Yale University Press. This book was released on 1992-01-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on literary works dealing with medical power, Brody argues that proposals to reduce or eliminate the power of the physician are misguided. Instead, there should be guidelines to enable the physician to share with the patient the information and responsibility for deciding on treatment.
Download or read book Tiered Consent and the Tyranny of Choice written by Natalie Ram and published by . This book was released on 2013 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evidence in consumer psychology suggests that abundant choice causes decision makers to experience information overload, make arbitrary choices, refrain from choosing altogether, and experience regret following decision making. These patterns result in systematically lower quality decision making. The potential limitations of expanded choice are directly relevant to informed consent to human tissue research, where tiered consent is a best practice. Tiered consent presents potential tissue providers with a menu of research categories to which they may consent. Applying the results of research in consumer psychology to models for tiered consent, this Article describes how best to achieve the ethical paradigm of informed consent in view of the limitations of human mental processing.
Download or read book The Paradox of Choice written by Barry Schwartz and published by Harper Collins. This book was released on 2009-10-13 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether we're buying a pair of jeans, ordering a cup of coffee, selecting a long-distance carrier, applying to college, choosing a doctor, or setting up a 401(k), everyday decisions—both big and small—have become increasingly complex due to the overwhelming abundance of choice with which we are presented. As Americans, we assume that more choice means better options and greater satisfaction. But beware of excessive choice: choice overload can make you question the decisions you make before you even make them, it can set you up for unrealistically high expectations, and it can make you blame yourself for any and all failures. In the long run, this can lead to decision-making paralysis, anxiety, and perpetual stress. And, in a culture that tells us that there is no excuse for falling short of perfection when your options are limitless, too much choice can lead to clinical depression. In The Paradox of Choice, Barry Schwartz explains at what point choice—the hallmark of individual freedom and self-determination that we so cherish—becomes detrimental to our psychological and emotional well-being. In accessible, engaging, and anecdotal prose, Schwartz shows how the dramatic explosion in choice—from the mundane to the profound challenges of balancing career, family, and individual needs—has paradoxically become a problem instead of a solution. Schwartz also shows how our obsession with choice encourages us to seek that which makes us feel worse. By synthesizing current research in the social sciences, Schwartz makes the counter intuitive case that eliminating choices can greatly reduce the stress, anxiety, and busyness of our lives. He offers eleven practical steps on how to limit choices to a manageable number, have the discipline to focus on those that are important and ignore the rest, and ultimately derive greater satisfaction from the choices you have to make.
Download or read book Consentability written by Nancy S. Kim and published by Cambridge University Press. This book was released on 2019-02-14 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proposes a reconceptualization of consent which argues that consent should be viewed as a dynamic concept that is context-dependent, incremental, and variable.
Download or read book Informed Consent written by United States. Congress. House. Committe and published by Hardpress Publishing. This book was released on 2013-12 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book The Calculus of Consent written by James M. Buchanan and published by University of Michigan Press. This book was released on 1965 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: A scientific study of the political and economic factors influencing democratic decision making
Download or read book Informed Consent written by Bruce V. Corsino and published by . This book was released on 1996 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:
