Jay L. Garfield - Abortion, moral and legal perspectives
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Abortion--Law and legislation--United States, Abortion--Moral and ethical aspects.
publication date
:
1984
lcc
:
KF3771.A75A27 1984eb
ddc
:
344.73/0419
subject
:
Abortion--Law and legislation--United States, Abortion--Moral and ethical aspects.
Page iii
Abortion
Moral and Legal Perspectives
Edited by Jay L. Garfield and Patricia Hennessey
The University of Massachusetts Press Amherst, 1984
Page iv
Acknowledgment is hereby made for permission to reprint previously copyrighted material:
"The Juridical Status of the Fetus: A Proposal for the Protection of the Unborn" by Patricia King is reprinted by permission of the publisher from The Law and Politics of Abortion, edited by Carl E. Schneider and Maris A. Vinovskis (Lexington, Mass.: Lexington Books, D.C. Heath and Co.) 1980 D.C. Heath and Co.
Portions of "Personhood and the Abortion Debate" by Ruth Macklin originally appeared in "Personhood in the Bioethics Literature," Macklin, R. 1983. Milbank Memorial Fund Quarterly/Health and Society 61 (1): 3557.
"A Human Life Statute" by Stephen Galebach is reprinted by permission from The Human Life Review, 150 East 35th St., New York, N.Y. 1981, the Human Life Foundation.
"Abortion and Self-Defense" by Nancy Davis originally appeared in Philosophy and Public Affairs 13, no. 3 (1984) and is reprinted by permission of Princeton University Press, 1984 Princeton University Press.
Publication of this book has been assisted by a grant from the Civil Liberties and Public Policy Program of Hampshire College.
Copyright 1984 by The University of Massachusetts Press All rights reserved Printed in the United States of America LC 84-8739 ISBN 0-87023-440-4; 0-87023-441-2 paper Library of Congress Cataloging in Publication Data appear on the last printed page of this book. Second printing
Page v
CONTENTS
Introduction
Jay L. Garfield
1
I Roe v. Wade: A Retrospective
9
Roe v. Wade: Majority Opinion and Rehnquist Dissent
11
The Legacy of Roe v. Wade
Janet Benshoof
35
Roe v. Wade: A Study in Male Ideology
Catharine MacKinnon
45
II Personhood
55
The Juridical Status of the Fetus: A Proposal for Legal Protection of the Unborn
Patricia A. King
57
Personhood and the Abortion Debate
Ruth Macklin
81
III The Limits of Legislative and Judicial Enforcement of Controversial Moral Standards
103
Understanding Blackmun's Argument: The Reasoning of Roe v. Wade
Roger Wertheimer
105
A Human Life Statute
Stephen H. Galebach
123
Constitutional Privacy, Religious Disestablishment, and the Abortion Decisions
David A. J. Richards
148
Page vi
IV Killing and Letting Die
175
Killing and Letting Die
Philippa Foot
177
Abortion and Self-Defense
Nancy Davis
186
V Persons, Privacy, and Samaritanism
211
Abortion and the Claims of Samaritanism
Meredith W. Michaels
213
Abortion, Slavery, and the Law: A Study in Moral Character
Laurence Thomas
227
Abortion, Privacy, and Personhood: From Roe v. Wade to the Human Life Statute
Daniel Wikler
238
Appendix: Selected Supreme Court Decisions concerning Abortion and Contraception
261
Notes
263
Bibliography
316
Contributors
330
Page vii
ACKNOWLEDGMENTS
Most of the essays in this volume were contributions to a conference, Abortion, Persons, Morality, and the Law, held at Hampshire College on the tenth anniversary of the Supreme Court's decision of Roe v. Wade, January 2123, 1983. This conference was made possible by the generous support of A. Hans Huber, the Huber Foundation, the Boehm Foundation, and Hampshire College, through its Civil Liberties and Public Policy Program.
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