By Laurie Shrage
Shrage argues that Roe v Wade's regulatory scheme of a six-month time span for abortion on call for polarized the general public and obscured choices with in all likelihood broader help. She explores the origins of that scheme, then defends another one--with a time span shorter than 6 months for non-therapeutic abortions--that may perhaps win wide help had to make criminal abortion prone on hand to all ladies.
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Extra resources for Abortion and Social Responsibility: Depolarizing the Debate (Studies in Feminist Philosophy)
For example, should technological survivability become possible in the first trimester, or for some bizarre reason become no longer possible until nine months, emphasizing survivability would generate timeframes for abortion on demand that are either too short to be practical or too long to be ethically comfortable. To avoid these unacceptable results, Rhoden urges courts to ignore this component of the meaning of "viability" and instead to emphasize the symbolic association of viability with late gestation.
Given the room for professional disagreement over the therapeutic necessity of an abortion, a doctor who might interpret these exceptions broadly could be subject to prosecution if the courts decided to interpret these exceptions narrowly. Thus abortion laws could be held to violate the right of doctors to practice medicine in accordance with their own best judgment or expertise. Infringing this right not only subjected doctors to the arbitrary authority of the state but it also could inhibit the delivery and progress of medical care.
56 As Newman argued, in deciding among alternative means for advancing a state interest, the state should choose the one that involves "a less drastic abridgement" of citizens' constitutional rights. Unlike Newman, Gert concludes that the state should therefore allow a woman to have her abortion after viability and should only regulate the abortion method used, as well as the fetus's subsequent treatment. Newman never explains why the state may protect fetuses that could be born alive by banning nontherapeutic abortion.
Abortion and Social Responsibility: Depolarizing the Debate (Studies in Feminist Philosophy) by Laurie Shrage
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