Making Women Pay

Making Women Pay

Author: Rachel Roth

Publisher: Cornell University Press

Published: 2018-08-06

Total Pages: 263

ISBN-13: 1501718657

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Once backed primarily by anti-abortion activists, fetal rights claims are now promoted by a wide range of interest groups in American society. Government and corporate policies to define and enforce fetal rights have become commonplace. These developments affect all women—pregnant or not—because women are considered "potentially pregnant" for much of their lives. In her powerful and important book, Rachel Roth brings a new perspective to the debate over fetal rights. She clearly delineates the threat to women's equality posed by the new concept of "maternal-fetal conflict," an idea central to the fetal rights movement in which women and fetuses are seen as having interests that are diametrically opposed. Roth begins by placing fetal rights politics in historical and comparative context and by tracing the emergence of the notion of fetal rights. Against a backdrop of gripping stories about actual women, she reviews the difficulties fetal rights claims create for women in the areas of employment, health care, and drug and alcohol regulation. She looks at court cases and state legislation over a period of two decades beginning in 1973, the year of the Roe v. Wade decision legalizing abortion. Her exhaustive research shows how judicial decisions and public policies that grant fetuses rights tend to displace women as claimants, as recipients of needed services, and ultimately as citizens. When a corporation, medical authority, or the state asserts or accepts rights claims on behalf of a fetus, the usual justification involves improving the chance of a healthy birth. This strategy, Roth persuasively argues, is not necessary to achieve the goal of a healthy birth, is often counterproductive to it, and always undermines women's equal standing.


Is the Fetus a Person?

Is the Fetus a Person?

Author: Jean Reith Schroedel

Publisher: Cornell University Press

Published: 2000

Total Pages: 252

ISBN-13: 9780801437076

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As much a model for future research as a study of the status of the fetus, this book offers an examination of one of the most divisive and complex issues of American life."--BOOK JACKET.


Fetal Rights, Women's Rights

Fetal Rights, Women's Rights

Author: Suzanne Uttaro Samuels

Publisher: Univ of Wisconsin Press

Published: 1995

Total Pages: 244

ISBN-13: 9780299145446

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In the late 1970s and throughout the 1980s, many private employers in the United States enacted fetal protection policies that barred fertile women--that is, women who had not been surgically sterilized--from working in jobs that might expose fetuses to toxins. In Fetal Rights, Women's Rights, Suzanne Samuels analyzes these policies and the ambiguous responses to them by federal and state courts, legislatures, administrative agencies, litigants, and interest groups. She poses provocative questions about the implicit links between social welfare concerns and paternalism in the workplace, including: are women workers or wombs? Placing the fetal protection controversy within the larger societal debate about gender roles, Samuels argues that governmental decision-makers confuse sex, which is based solely on biological characteristics, with gender, which is based on societal conceptions. She contends that the debate about fetal protection policies brought this ambiguity into stark relief, and that the response of policy-makers was rooted in assumptions about gender roles. Judges, legislators, and regulators used gender as a proxy, she argues, to sidestep the question of whether fetal protection policies could be justified by the biological differences between women and men. The fetal protection controversy raises a number of concerns about women's role in the workplace. Samuels discusses the effect on governmental policies of the ongoing controversy over abortion rights and the debates between egalitarian and relational feminists about the treatment of women at work. A timely and engrossing study, Fetal Rights, Women's Rights details the pattern of gender politics in the United States and demonstrates the broader ramifications of gender bias in the workplace.


Beating Hearts

Beating Hearts

Author: Sherry F. Colb

Publisher: Columbia University Press

Published: 2016-03-08

Total Pages: 263

ISBN-13: 0231540957

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How can someone who condemns hunting, animal farming, and animal experimentation also favor legal abortion, which is the deliberate destruction of a human fetus? The authors of Beating Hearts aim to reconcile this apparent conflict and examine the surprisingly similar strategic and tactical questions faced by activists in the pro-life and animal rights movements. Beating Hearts maintains that sentience, or the ability to have subjective experiences, grounds a being's entitlement to moral concern. The authors argue that nearly all human exploitation of animals is unjustified. Early abortions do not contradict the sentience principle because they precede fetal sentience, and Beating Hearts explains why the mere potential for sentience does not create moral entitlements. Late abortions do raise serious moral questions, but forcing a woman to carry a child to term is problematic as a form of gender-based exploitation. These ethical explorations lead to a wider discussion of the strategies deployed by the pro-life and animal rights movements. Should legal reforms precede or follow attitudinal changes? Do gory images win over or alienate supporters? Is violence ever principled? By probing the connections between debates about abortion and animal rights, Beating Hearts uses each highly contested set of questions to shed light on the other.


Fetal Rights

Fetal Rights

Author: Alan Marzilli

Publisher: Infobase Publishing

Published: 2005

Total Pages: 151

ISBN-13: 1438105991

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Presents divergent viewpoints on the legal rights of unborn children.


Policing the Womb

Policing the Womb

Author: Michele Goodwin

Publisher: Cambridge University Press

Published: 2020-03-12

Total Pages: 339

ISBN-13: 110703017X

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In Policing the Womb, Michele Goodwin explores how states abuse laws and infringe on rights to police women and their pregnancies. This book looks at the impact of these often arbitrary laws which can result in the punishment, incarceration, and humiliation of women, particularly poor women and women of color. Frequently based on unscientific claims of endangering a fetus, these laws allow extraordinary powers to state authorities over reproductive freedom and pregnancies. In this book, Michele Goodwin discusses real examples of women whose pregnancies have been controlled by the law and what has led to the United States being the deadliest country in the developed world for a woman to be pregnant.


The Fetal Position

The Fetal Position

Author: Chris Meyers

Publisher: Prometheus Books

Published: 2010-06-22

Total Pages: 216

ISBN-13: 1616143347

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Taking neither a pro-life nor a pro-choice stance, rather, using philosophical methodology, Meyers carefully scrutinizes the commonly voiced arguments for and against abortion with the aim of assessing them from a position that is as unbiased as possible.


Birth Settings in America

Birth Settings in America

Author: National Academies of Sciences, Engineering, and Medicine

Publisher: National Academies Press

Published: 2020-05-01

Total Pages: 369

ISBN-13: 0309669820

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The delivery of high quality and equitable care for both mothers and newborns is complex and requires efforts across many sectors. The United States spends more on childbirth than any other country in the world, yet outcomes are worse than other high-resource countries, and even worse for Black and Native American women. There are a variety of factors that influence childbirth, including social determinants such as income, educational levels, access to care, financing, transportation, structural racism and geographic variability in birth settings. It is important to reevaluate the United States' approach to maternal and newborn care through the lens of these factors across multiple disciplines. Birth Settings in America: Outcomes, Quality, Access, and Choice reviews and evaluates maternal and newborn care in the United States, the epidemiology of social and clinical risks in pregnancy and childbirth, birth settings research, and access to and choice of birth settings.


The Fetal Right to Life Argument

The Fetal Right to Life Argument

Author: C. Paul Smith

Publisher:

Published: 2021-08-25

Total Pages: 158

ISBN-13: 9781948928052

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Roe v. Wade (1973) is probably the most important Supreme Court case in the last fifty years. It has affected how the Constitution is interpreted, driven changes in laws, and continues to be a lightning rod in political debate. Roe v. Wade is a complex case that established a woman's right to privacy and a right to control her own body, which was good. But the Supreme Court also held that a fetus has no right to life and is not a "person" under the Constitution. That latter finding was a colossal error, an abuse of power, and an act of social activism. The egregious flaws in Roe can be corrected with a fetal right to life amendment to the Constitution. Although Congress has not seriously entertained this in forty years, it would still be the right thing to do. Restoring the fetal right to life would require weighing the right to an abortion against the fetal right to life. We should never forget that Roe was a moral travesty that established a reprehensible and barbaric practice of killing defenseless human beings. We should acknowledge the flawed legal rationale used by the Court, and correct the problem. The good parts of Roe do not have to come at the expense of the fetal right to life.


Beyond Roe

Beyond Roe

Author: David Boonin

Publisher: Oxford University Press

Published: 2019-02-01

Total Pages: 233

ISBN-13: 0190904852

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Most arguments for or against abortion focus on one question: is the fetus a person? In this provocative and important book, David Boonin defends the claim that even if the fetus is a person with the same right to life you and I have, abortion should still be legal, and most current restrictions on abortion should be abolished. Beyond Roe points to a key legal precedent: McFall v. Shimp. In 1978, an ailing Robert McFall sued his cousin, David Shimp, asking the court to order Shimp to provide McFall with the bone marrow he needed. The court ruled in Shimp's favor and McFall soon died. Boonin extracts a compelling lesson from the case of McFall v. Shimp--that having a right to life does not give a person the right to use another person's body even if they need to use that person's body to go on living-and he uses this principle to support his claim that abortion should be legal and far less restricted than it currently is, regardless of whether the fetus is a person. By taking the analysis of the right to life that Judith Jarvis Thomson pioneered in a moral context and applying it in a legal context in this novel way, Boonin offers a fresh perspective that is grounded in assumptions that should be accepted by both sides of the abortion debate. Written in a lively, conversational style, and offering a case study of the value of reason in analyzing complex social issues, Beyond Roe will be of interest to students and scholars in a variety of fields, and to anyone interested in the debate over whether government should restrict or prohibit abortion.