By Rebecca J. Cook, Joanna N. Erdman, Bernard M. Dickens
It really is more and more fantastic to talk of a simply household abortion legislation, because the criminal debates all over the world draw on precedents and impacts of other nationwide and local contexts. whereas the USA and Western Europe could have been the leading edge of abortion legislation reform within the latter half the 20 th century, primary and South the US are proving to be laboratories of suggestion and innovation within the twenty-first century, as are specific international locations in Africa and Asia. Abortion legislations in Transnational standpoint bargains a clean examine major transnational felony advancements in recent times, analyzing key judicial judgements, constitutional texts, and regulatory reforms of abortion legislation with the intention to envision methods ahead.
The chapters examine problems with entry, rights, and justice, in addition to social buildings of girls, sexuality, and being pregnant, via assorted felony systems and regimes. They handle the guarantees and hazards of utilizing criminal technique to accomplish reproductive justice from various nationwide, local, and foreign vantage issues; how public and court docket debates are framed inside scientific, non secular, and human rights arguments; the which means of alternative narratives that recur in abortion litigation and language; and the way appreciate for ladies and prenatal existence is expressed in a variety of felony regimes. via exploring how felony actors recommend, keep an eye on, and adjudicate the problem of abortion, this well timed quantity seeks to construct on present advancements to result in swap of a bigger order.
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Additional resources for Abortion Law in Transnational Perspective Cases and Controversies
45 Practices of comparison may exaggerate intergroup differences and occlude intragroup conflicts. 48 Close comparative analysis of how this conflict shaped the judgments, or how the judgments aspired to shape this conflict, is beyond the scope of this chapter. But a few observations about the relation of the judgments and the conflict suggest that further comparative inquiry of this kind would be fruitful. In what follows, I show that in the first round of decisions constitutionalizing abortion, each court responded to feminist claims.
Supreme Court struck down a nineteenth-century criminal law that banned abortion except to save a woman’s life, as well as a twentieth-century law that permitted abortion on the basis of more expansive indications. Roe v. Wade49 held that the constitutional right to privacy (a liberty right protected by the Fourteenth Amendment) encompassed a woman’s decision in consultation with her physician whether to terminate a pregnancy. . 51 Roe responded both to public health and feminist claims. 53 Even so, the Court’s opinion in Roe seems mainly responsive to public health arguments, and at best only indirectly responsive to feminist claims.
The next two parts focus on the early history of abortion constitutionalism in Portugal. They explain how the first cases of the 1980s, and then the referenda decisions of later decades, both conformed to and departed from the German doctrine. These sections describe the main features of the German doctrine against which the Portuguese case law was shaped, while also emphasizing the main points of departure that eventually allowed the Portuguese Court to hold a periodic model of abortion legislation constitutional.
Abortion Law in Transnational Perspective Cases and Controversies by Rebecca J. Cook, Joanna N. Erdman, Bernard M. Dickens