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Deborah Mathieu - Preventing prenatal harm: should the state intervene

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Arguing that the state must meet strict conditions to justify interfering in at-risk pregnancies, Deborah Mathieu examines the legal and ethical concerns that arise when governments mandate the behavior of pregnant women. She explores both the pregnant womans right to decide what happens to her body and the future childs right to be protected from avoidable damage. Mathieu addresses such topics as reproductive hazards in the workplace, mandated fetal therapy, forced lifestyle changes for pregnant women, and the future childs right to sue for lack of prenatal care. The controversy raises key issues of rights, duties, and the scope of legitimate state action, thus posing fundamental challenges to the fields of medicine, biomedical ethics, law, and public policy. This edition has been completely updated and expanded. Mathieu presents new arguments for acceptable types of state intervention and provides specific examples. This edition also incorporates recent court decisions, especially cases involving substance abuse. The book includes both an updated bibliography and an updated reference list of relevant court cases.

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Preventing Prenatal Harm title Preventing Prenatal Harm Should - photo 1
Preventing Prenatal Harm

title:Preventing Prenatal Harm : Should the State Intervene Clinical Medical Ethics (Washington, D.C.)
author:Mathieu, Deborah.
publisher:Georgetown University Press
isbn10 | asin:087840600X
print isbn13:9780878406005
ebook isbn13:9780585258584
language:English
subjectPrenatal care--United States--Moral and ethical aspects, Fetus--Legal status, laws, etc.--United States, Pregnant women--Legal status, laws, etc.--United States.
publication date:1996
lcc:RG960.M33 1996eb
ddc:176
subject:Prenatal care--United States--Moral and ethical aspects, Fetus--Legal status, laws, etc.--United States, Pregnant women--Legal status, laws, etc.--United States.
Page ii
Clinical Medical Ethics
Editors
H. Tristram Engelhardt, Jr., The Center for Ethics, Medicine and Public Issues, Baylor College of Medicine, Houston, Texas
Kevin Wildes, S.J., Department of Philosophy, Georgetown University, Washington, D.C.
Editorial Advisory Board
George J. Agich, School of Medicine, Southern Illinois University, Springfield, Illinois
Dan W. Brock, Department of Philosophy, Brown University, Providence, Rhode Island
Baruch A. Brody, Center for Ethics, Medicine and Public Issues, Baylor College of Medicine, Houston, Texas
Allen E. Buchanan, School of Medicine, University of Wisconsin at Madison, Madison, Wisconsin
Antonio M. Gotto, Jr., Department of Medicine, Baylor College of Medicine, Houston, Texas
Angela R. Holder, School of Medicine, Yale University, New Haven, Connecticut
Jay Katz, Yale Law School, Yale University, New Haven, Connecticut
Loretta M. Kopelman, Department of Medical Humanities, School of Medicine, East Carolina University, Greenville, North Carolina
Edmund D. Pellegrino, Director, Center for Clinical Bioethics, Georgetown University, Washington, D.C.
Stephen Wear, Department of Philosophy, State University of New York at Buffalo, Buffalo, New York
Previous Books in the Series
Competence to Consent
Becky White
Balancing Act: The New Medical Ethics of Medicine's New Economics
E. Haavi Morreim
Page iii
Preventing Prenatal Harm
Should the State Intervene?
Second Edition
Deborah Mathieu
Georgetown University Press / Washington, D.C.
Page iv
Georgetown University Press, Washington, D.C. 20007 1996 by Georgetown University Press. All rights reserved. Printed in the United States of America. 10 9 8 7 6 5 4 3 2 1 1996 This volume is printed on acid-free offset bookpaper.
Library of Congress Cataloging-in-Publication Data
Matthieu, Deborah.
Preventing prenatal harm : should the state intervene / Deborah
Mathieu. New rev. ed.
p. cm. (Clinical medical ethics)
Includes bibliographical references.
1. Prenatal careUnited StatesMoral and ethical aspects.
2. FetusLegal status, laws, etc.United States. 3. Pregnant
womenLegal status, laws, etc.United States. I. Title.
II. Series: Clinical medical ethics (Washington, D.C.)
RG960.M33 1996
176dc20
ISBN 0-87840-600-X (pbk. : alk. paper) 95-36923
Page v
To Hank, with love and thanks
Page vii
Contents
1
The Problem
1
Picture 2
Introduction
1
Picture 3
Affecting the Outcome of a Pregnancy
3
Picture 4
Legal Cases
9
Picture 5
The Plan of the Book
12
2
Fetus and Future Child
17
Picture 6
Legal Status of the Fetus in the United States
17
Picture 7
The Moral Status of the Fetus
24
Picture 8
The Fetus and the Future Child
27
Picture 9
Preliminary Conclusions
31
3
Arguments in Favor of Coercing a Pregnant Woman to Act in the Interests of Her Future Child
35
Picture 10
Introduction
35
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