Journal of Medical Ethics · 1979 · 26 citations · 3 references
LawHuman Rights LawJurisprudenceEnd-of-life LawMedical EthicsReproductive HealthAbortion CareAbortion LawEnd-of-life Decision MakingEthical Issues In End-of-life CareReproductive Decision-makingReproductive RightsAbortion Criminal LawEthics Of Abortion CareFetal Medical Decision-makingMedical Decision-making Authority
Doctors have been placed in an anomalous position by abortion laws which sanction the termination of a fetus while in a woman's womb, yet call it murder when a physician attempts to end the life of a fetus which has somehow survived such a procedure. This predicament, the doctors' dilemma, can be resolved by adopting a strategy which posits the right to ownership of one's own body for human beings. Such an approach will generate a consistent policy prescription, one that sanctions the right of all pregnant women to abortions, yet grants the fetus, after it becomes viable as a potentially independent person, a right to its own body. The doctors' dilemma is surmounted, then, by requiring that abortions of viable fetuses be performed in a manner that will produce a live delivery. Hence, infanticide and termination of viable fetuses are proscribed.
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Involuntary Euthanasia of Defective Newborns: A Legal Analysis
John A. Robertson · Stanford Law Review · 1975 · 153 citations
Law, Health Law, Human Rights Law +13
The Wages of Crying Wolf: A Comment on Roe v. Wade
John Hart Ely · The Yale Law Journal · 1973 · 152 citations · Full text
Do Potential People Have Moral Rights?
Mary Anne Warren · Canadian Journal of Philosophy · 1977 · 77 citations