© 2012 – Routledge
This book takes a critical conceptual approach to the jurisprudence of pregnancy, examining how the three concepts of conflict, personhood and property are key to the legal analysis and decision-making surrounding pregnancy.
The book begins by questioning the ‘conflict model’ which is often assumed to capture the essence of legal debates on maternal/foetal issues, and goes on to critically examine the concept of personhood in maternal/foetal debates, focusing in particular on human dignity and vulnerability. Finally, the discussion turns to examine the concept of property. Neal takes pregnancy as the inspiration for a reimagining of ‘property’ as paradigmatically intersubjective, arguing that property should be theorized in a way that foregrounds its essentially inclusive nature, and understands more traditional ideas of exclusion and control as effects of property, rather than as its defining characteristics.
This book will be of great interest to academics and students of medical law, family and child welfare law, and jurisprudence.
Part 1: Conflict 1. Where is the Conflict? 2. Why is Conflict of Interest? Part 2: Personhood 3. Personhood in the Maternal/Foetal Context 4. Personhood as Metaphysical Harm Part 3: Property 5. Could Embryos and Foetuses be Objects of Property? 6. ShouldEmbryos and Foetuses be Objects of Property? 7. Conclusion
Scientific and clinical advances, social and political developments and the impact of healthcare on our lives raise profound ethical and legal questions. Medical law and ethics have become central to our understanding of these problems, and are important tools for the analysis and resolution of problems – real or imagined.
In this series, scholars at the forefront of biomedical law and ethics will contribute to the debates in this area, with accessible, thought-provoking, and sometimes controversial ideas. Each book in the series will develop an independent hypothesis and argue cogently for a particular position. One of the major contributions of this series is the extent to which both law and ethics are utilised in the content of the books, and the shape of the series itself.