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Competing Fundamental Values: Comparing Competing Fundamental Values: Comparing Law’s Role in American and Western- Introduction © Copyrighted Material Chapter 21 Roe v. Wade (1973) www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com w 1 ww.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.co m www.ashgate.com 2 Declaring a judicially mandated International AbortionHandbook Law on andAbortion Politics Today Abortion and Divorce in Western Law © Copyrighted Material 3 (Houndmills: Macmillan (New York: Greenwood 4 that the legal process acted in a different and Western Europe. Integrative and facilitates social order; and (ii) in an attempt to generate Law, Religion, Constitution © Copyrighted Material as a mechanism of social and cultural order social and cultural change social capacity Transformative Although these explanations for Policy Studies Abortion: The Clash of Absolutes the United States: A Reference Handbook www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com ww w.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com Brigham Young University Law Review Law and Society (i) 7 th © Copyrighted Material Abortion: New Directions Abortion in Abortion Politics in the United States Competing Fundamental Values the newer Catholic immigrants raised fears among white Protestants; © Copyrighted Material the workforce and openness toward female sexuality; and (iii) shifting attitudes University of Pittsburgh Law Review 1800-1900 9 Roe Journal ’s that Shaped the Abortion Debate Before the Supreme Court’s Ruling ww 10 w.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.c om w ww .ash gate.c om www .ashgate.com www.ashgate.com www.ashgate.com Abortion in America: The Origins and Evolution of National Policy Abortion in the United States, 11 (i) widespread clandestine 9 7 The Abortion, Medicine and the Law © Copyrighted Material Contemporary Crises Before Roe v. Wade: Voices 4 th (New York: Kaplan Yale Law encompass a woman’s decision whether or not to terminate her pregnancy’. not only after the [ Law, Religion, Constitution © Copyrighted Material Roe 13 Journal 12 Roe v. Wade, Carolina Law Review in Western Law, Law Review New York University Law Review What Roe v. Wade Should Have Said The Supreme Court Review American Bar Association Journal Law’s Allure: How Law Shapes, Constraints, Saves and Kills Politics 14 Notwithstanding these of Absolutes Debate 12 www.ashgate.com wwwAbortion.ashga tePolitics:.com wPublicww.a shPolicygate. coinm Cross-Cultural www.ashga tePerspective.com wwwFordham.ashgate Law.com Review www.ashgate.com ww w.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com Abortion and the Politics of Motherhood Crime and Delinquency (a) Abortion Politics: Mutiny in the Ranks of the Right No Neutral Ground? Abortion Politics in an Age © Copyrighted Material Abortion and Divorce Yale Law 79 North California , Abortion in the USA and the UK (New The Pro-Life/Pro-Choice (New York: or in cases of rape and incest; amicus curiae generated certain judicial limitations on the scope of the woman’s Competing Fundamental Values the course of the pregnancy. © Copyrighted Material were initially held unconstitutional were replaced with meticulous consultations 21 19 17 Doe, Roe , . Beal v. Doe, Roe Examples at the Simonopoulos19 v. Virginia, , 20 ’s trimester framework and the Planned Parenthood Association Plannedof Kansas Parenthood CityWebster v. Ashcroft v. v. Casey, Reproductive Health Services, Minnesota, 21 Planned Parenthood Association of Kansas City v. Ashcroft, (1990);www. ashgate.com www.ashgate.com www.ashgate.com ww w.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.c om www.ashgate.com Bellotti v. Baird 20 Casey Williams v. Sbaraz, supra note Maher v. Roe, 19 ; LambertOhio v. Wicklund v. Akron Center for Reproductive Health © Copyrighted Material Webster H. L. v. Matheson Harris v. McRae, Rust v. Sullivan supra note Mazurek v. Armstrong Poelker v. 20. Hodgson v. 390 22 Law, Religion, Constitution © Copyrighted Material guarantees for the parameters laid out in 22 Under State Constitutions: A State-By-State Analysis 23 Casey 24 Gonzales v. Carhart The Roe Right to Know of Federalism Abortion in the USA and the UK 19. Roe 23 legislation www.ashgate.com www.ashgate.com www.ashgate.com ww w.ashgate.co m w ww.ashga te.co m www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com www.ashgat e.com www.ashgate.com rd nd Roe’s Understanding the New Politics of Abortion Abortion Under State Constitutions 27 29 With Nearly four © Copyrighted Material Other st th Abortion 20 The Journal rd Abortion Law in Europe Competing Fundamental Values rights discourse or the assigning of moral weight either to the women’s choice © Copyrighted Material or the fetus’ life. 31 30 Allocating decision-making authority to the medical system th National Diffusion of Social Problems Cong. (19rd April 2007). Regulating Reproduction: Law, Technology and Autonomy 391 www.ashgate.com www.ashgate.com www. ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com www.ashgate.com 33 Abortion in the USA and the UK www.ashgate.com www.ashgate.com The Abortion Act 1967 Regulating Reproduction: Law, Technology and Autonomy, 33 Planned Parenthood in Europe The Sceptical Feminist: A Philosophical Enquiry The New Politics of th Cong. (19 April 2007) © Copyrighted Material Abortion How Claims Spread: Cross- 32 (Oxford: (New York: supra note . 392 Constitutionnel Law, Religion, Constitution was re-enacted with minor changes.
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