Terminating Pregnancy in Twenty-First Century America
Author: Carol Sanger
Publisher: Harvard University Press
New medical technologies, women’s willingness to talk online and off, and tighter judicial reins on state legislatures are shaking up the practice of abortion. As talk becomes more transparent, Carol Sanger writes, women’s decisions about whether to become mothers will be treated more like those of other adults making significant personal choices.
Terminating Pregnancy in Twenty-First-Century America
Author: Carol Sanger
Publisher: Belknap Press
One of the most private decisions a woman can make, abortion is also one of the most contentious topics in American civic life. Protested at rallies and politicized in party platforms, terminating pregnancy is often characterized as a selfish decision by women who put their own interests above those of the fetus. This background of stigma and hostility has stifled women's willingness to talk about abortion, which in turn distorts public and political discussion. To pry open the silence surrounding this public issue, Sanger distinguishes between abortion privacy, a form of nondisclosure based on a woman's desire to control personal information, and abortion secrecy, a woman's defense against the many harms of disclosure. Laws regulating abortion patients and providers treat abortion not as an acceptable medical decision-let alone a right-but as something disreputable, immoral, and chosen by mistake. Exploiting the emotional power of fetal imagery, laws require women to undergo ultrasound, a practice welcomed in wanted pregnancies but commandeered for use against women with unwanted pregnancies. Sanger takes these prejudicial views of women's abortion decisions into the twenty-first century by uncovering new connections between abortion law and American culture and politics. New medical technologies, women's increasing willingness to talk online and off, and the prospect of tighter judicial reins on state legislatures are shaking up the practice of abortion. As talk becomes more transparent and acceptable, women's decisions about whether or not to become mothers will be treated more like those of other adults making significant personal choices.
Does the morality of abortion depend on the moral status of the human fetus? Must the law of abortion presume an answer to the question of when personhood begins? Can a law which permits late abortion but not infanticide be morally justified? These are just some of the questions this book sets out to address. With an extended analysis of the moral and legal status of abortion, Kate Greasley offers an alternative account to the reputable arguments of Ronald Dworkin and Judith Jarvis Thomson and instead brings the philosophical notion of 'personhood' to the foreground of this debate. Structured in three parts, the book will (I) consider the relevance of prenatal personhood for the moral and legal evaluation of abortion; (II) trace the key features of the conventional debate about when personhood begins and explore the most prominent issues in abortion ethics literature: the human equality problem and the difference between abortion and infanticide; and (III) examine abortion law and regulation as well as the differing attitudes to selective abortion. The book concludes with a snapshot into the current controversy surrounding the scope of the right to conscientiously object to participation in abortion provision.
Women, Medicine, and Law in the United States, 1867-1973
Author: Leslie J. Reagan
Publisher: Univ of California Press
A collection of stories of women who survived abortions and those who did not, based on narratives from involved parties as well as court records, police reports, medical literature, and coroners' reports
A POWERFUL ARGUMENT FOR ABORTION AS A MORAL RIGHT AND SOCIAL GOOD BY A NOTED FEMINIST AND LONGTIME COLUMNIST FOR THE NATION Forty years after the landmark Roe v. Wade ruling, "abortion" is still a word that is said with outright hostility by many, despite the fact that one in three American women will have terminated at least one pregnancy by menopause. Even those who support a woman's right to an abortion often qualify their support by saying abortion is a "bad thing," an "agonizing decision," making the medical procedure so remote and radioactive that it takes it out of the world of the everyday, turning an act that is normal and necessary into something shameful and secretive. Meanwhile, with each passing day, the rights upheld by the Supreme Court are being systematically eroded by state laws designed to end abortion outright. In this urgent, controversial book, Katha Pollitt reframes abortion as a common part of a woman's reproductive life, one that should be accepted as a moral right with positive social implications. In Pro, Pollitt takes on the personhood argument, reaffirms the priority of a woman's life and health, and discusses why terminating a pregnancy can be a force for good for women, families, and society. It is time, Pollitt argues, that we reclaim the lives and the rights of women and mothers.
Abortion, Divorce, and the Family Under Latin American Dictatorships and Democracies
Author: Mala Htun
Publisher: Cambridge University Press
Category: Family & Relationships
As Argentina, Brazil, and Chile made transitions from democratic to authoritarian forms of government (and back), they confronted challenges posed by the rise of the feminist movement, social changes, and the power of the Catholic Church. This study explores the patterns of gender-related policy reform in these countries and reveals their implications for the peoples of Latin America. In addition, it offers a broader understanding of the logic behind the state's role in affecting private lives and gender relations everywhere.
There has never been a book like Sex and the Constitution, a one-volume history that chapter after chapter overturns popular shibboleths, while dramatically narrating the epic story of how sex came to be legislated in America. Beginning his volume in the ancient and medieval worlds, Geoffrey R. Stone demonstrates how the Founding Fathers, deeply influenced by their philosophical forebears, saw traditional Christianity as an impediment to the pursuit of happiness and to the quest for human progress. Acutely aware of the need to separate politics from the divisive forces of religion, the Founding Fathers crafted a constitution that expressed the fundamental values of the Enlightenment. Although the Second Great Awakening later came to define America through the lens of evangelical Christianity, nineteenth-century Americans continued to view sex as a matter of private concern, so much so that sexual expression and information about contraception circulated freely, abortions before “quickening” remained legal, and prosecutions for sodomy were almost nonexistent. The late nineteenth and early twentieth centuries reversed such tolerance, however, as charismatic spiritual leaders and barnstorming politicians rejected the values of our nation’s founders. Spurred on by Anthony Comstock, America’s most feared enforcer of morality, new laws were enacted banning pornography, contraception, and abortion, with Comstock proposing that the word “unclean” be branded on the foreheads of homosexuals. Women increasingly lost control of their bodies, and birth control advocates, like Margaret Sanger, were imprisoned for advocating their beliefs. In this new world, abortions were for the first time relegated to dank and dangerous back rooms. The twentieth century gradually saw the emergence of bitter divisions over issues of sexual “morality” and sexual freedom. Fiercely determined organizations and individuals on both the right and the left wrestled in the domains of politics, religion, public opinion, and the courts to win over the soul of the nation. With its stirring portrayals of Supreme Court justices, Sex and the Constitution reads like a dramatic gazette of the critical cases they decided, ranging from Griswold v. Connecticut (contraception), to Roe v. Wade (abortion), to Obergefell v. Hodges (gay marriage), with Stone providing vivid historical context to the decisions that have come to define who we are as a nation. Now, though, after the 2016 presidential election, we seem to have taken a huge step backward, with the progress of the last half century suddenly imperiled. No one can predict the extent to which constitutional decisions safeguarding our personal freedoms might soon be eroded, but Sex and the Constitution is more vital now than ever before.
Inside the Largest Moral Reform Movement of the Twentieth Century
Author: Karissa Haugeberg
Publisher: University of Illinois Press
Category: Social Science
Women from remarkably diverse religious, social, and political backgrounds made up the rank-and-file of anti-abortion activism. Empowered by--yet in many cases scared of--the changes wrought by feminism, they founded grassroots groups, developed now-familiar strategies and tactics, and gave voice to the movement's moral and political dimensions. Drawing on oral histories and interviews with prominent figures, Karissa Haugeberg examines American women 's fight against abortion. Beginning in the 1960s, she looks at Marjory Mecklenburg's attempt to shift the attention of anti-abortion leaders from the rights of fetuses to the needs of pregnant women. Moving forward she traces the grassroots work of Catholic women, including Juli Loesch and Joan Andrews, and their encounters with the influx of evangelicals into the movement. She also looks at the activism of evangelical Protestant Shelley Shannon, a prominent pro-life extremist of the 1990s. Throughout, Haugeberg explores important questions such as the ways people fused religious conviction with partisan politics, activists' rationalizations for lethal violence, and how women claimed space within an unshakably patriarchal movement.
No other nation's creation, both politically and socially, owes such a debt to lawyers as the United States of America. This book traces the story of that creation through the human lives of those who played important parts in it: amongst others, of English lawyers who established the form of the original colonies; of the Founding Fathers, who declared independence and created a Constitution; of Abraham Lincoln, Woodrow Wilson, Justices of the Supreme Court and finally Barack Obama. Even Richard Nixon features, if only as a reminder that even the President is subject to the law. The author combines his wide legal experience and engaging writing style to produce a book that will enthral lawyers and laymen alike, giving perhaps a timely reminder of the importance of the rule of law to American democracy.
Stanley Hauerwas is one of the most widely read and oft-cited theologians writing today. A prolific lecturer and author, he has been at the forefront of key developments in contemporary theology, ranging from narrative theology to the “recovery of virtue.” Yet despite his prominence and the esteem reserved for his thought, his work has never before been collected in a single volume that provides a sense of the totality of his vision. The editors of The Hauerwas Reader, therefore, have compiled and edited a volume that represents all the different periods and phases of Hauerwas’s work. Highlighting both his constructive goals and penchant for polemic, the collection reflects the enormous variety of subjects he has engaged, the different genres in which he has written, and the diverse audiences he has addressed. It offers Hauerwas on ethics, virtue, medicine, and suffering; on euthanasia, abortion, and sexuality; and on war in relation to Catholic and Protestant thought. His essays on the role of religion in liberal democracies, the place of the family in capitalist societies, the inseparability of Christianity and Judaism, and on many other topics are included as well. Perhaps more than any other author writing on religious topics today, Hauerwas speaks across lines of religious traditions, appealing to Methodists, Jews, Anabaptists or Mennonites, Catholics, Episcopalians, and others.
More than just a legal doctrine, color-blind constitutionalism has emerged as the defining metaphor of the post-Civil Rights era. Even for those challenging its constitutional authority, the language of color-blindness sets the terms of debate. Critics of color-blind constitutionalism are in this sense captured by the object of their critique. And yet, paradoxically, to enact a color-blind rule actually requires a heightened awareness of race. As such, color-blind constitutionalism represents a particular form of racial consciousness rather than an alternative to it. Challenging familiar understandings of race, rights, and American law, Is Racial Equality Unconstitutional? explores how current equal protection law renders the pursuit of racial equality constitutionally suspect. Identifying hierarchy rather than equality as an enduring constitutional norm, the book demonstrates how the pursuit of racial equality, historically, has been viewed as a violation of white rights. Arguing against conservative and liberal redemption narratives, both of which imagine racial equality as the perfection of American democracy, Is Racial Equality Unconstitutional? calls instead for a break from the current constitutional order, that it may be re-founded upon principles of racial democracy.
How Social Media Activism Is Challenging Abortion Stigma
Author: Elizabeth Kissling
Publisher: Watkins Media Limited
Category: Social Science
Abortion remains legal in the US, but access has been slowly eroded since prohibition was ruled unconstitutional nearly fifty years ago. Simultaneously abortion remains culturally stigmatised – it is kept secret and presumed shameful. But feminist activists are working to increase access and challenge this stigma. Numerous organisations and campaigns are challenging abortion stigma using the internet and social media and intersectional feminist sensibilities. From A Whisper to a Shout takes a closer look at four of these organisations – #ShoutYourAbortion, Lady Parts Justice, #WeTestify, and The Abortion Diary – and how they are integrating feminist tactics, social media, and political strategies to challenge abortion stigma and promote abortion access.
Edward Allan Farnsworth,Carol Sanger,Neil B. Cohen,Richard Rexford Wayne Brooks,Larry T. Garvin
Author: Edward Allan Farnsworth,Carol Sanger,Neil B. Cohen,Richard Rexford Wayne Brooks,Larry T. Garvin
This classic casebook traces the development of contract law in the English and American common law traditions. Like earlier editions, the 8th Edition features authoritative introductions to major topics, carefully selected cases, and well-tailored notes and problems. The casebook is ecumenical in its outlook, presenting a well-balanced approach to the study of contract law without ever losing sight of the importance of doctrine in all its detail. Cases are situated within a variety of disciplines history, economics, philosophy, and ethics and present the law in a variety of settingscommercial, familial, employment, and sports and entertainment. The 8th Edition will feel familiar yet fresh to current users and both exciting and comfortable to newcomers to contracts or to this casebook.
Roe's privacy rationale inspired left-leaning movements unrelated to abortion--around sexual orientation, class, gender, race, disability, and patient rights. But groups on the right used it as well, to attack government involvement in American life. Mary Ziegler's analysis shows that privacy belongs to no party or cause.
In the decade after the 1973 Supreme Court decision on abortion, advocates on both sides sought common ground. But as pro-abortion and anti-abortion positions hardened over time into pro-choice and pro-life, the myth was born that Roe v. Wade was a ruling on a woman’s right to choose. Mary Ziegler’s account offers a corrective.
Safe Haven Laws, Motherhood, and Reproductive Justice
Author: Laury Oaks
Publisher: NYU Press
Category: Family & Relationships
“Baby safe haven” laws, which allow a parent to relinquish a newborn baby legally and anonymously at a specified institutional location—such as a hospital or fire station—were established in every state between 1999 and 2009. Promoted during a time of heated public debate over policies on abortion, sex education, teen pregnancy, adoption, welfare, immigrant reproduction, and child abuse, safe haven laws were passed by the majority of states with little contest. These laws were thought to offer a solution to the consequences of unwanted pregnancies: mothers would no longer be burdened with children they could not care for, and newborn babies would no longer be abandoned in dumpsters. Yet while these laws are well meaning, they ignore the real problem: some women lack key social and economic supports that mothers need to raise children. Safe haven laws do little to help disadvantaged women. Instead, advocates of safe haven laws target teenagers, women of color, and poor women with safe haven information and see relinquishing custody of their newborns as an act of maternal love. Disadvantaged women are preemptively judged as “bad” mothers whose babies would be better off without them. Laury Oaks argues that the labeling of certain kinds of women as potential “bad” mothers who should consider anonymously giving up their newborns for adoption into a “loving” home should best be understood as an issue of reproductive justice. Safe haven discourses promote narrow images of who deserves to be a mother and reflect restrictive views on how we should treat women experiencing unwanted pregnancy.