Is the Fetus a Person? A Comparison of Policies Across the Fifty States

ISBN-10: 0801437075
ISBN-13: 9780801437076
Edition: 2000
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Book details

List price: $47.95
Copyright year: 2000
Publisher: Cornell University Press
Publication date: 6/22/2000
Binding: Hardcover
Pages: 256
Size: 6.50" wide x 9.75" long x 0.75" tall
Weight: 1.782
Language: English

Preface
Background and Overview
Introduction
Framing the Issue of Fetal Personhood
The Debate over Fetal Personhood
Legal Status of the Fetus
The Research Design
Organization of the Book
Fetal Personhood through the Centuries
The Moral and Legal Dimensions of Fetal Status
The Early Moral Discourse
The Christian Church's Opposition to Abortion
The Impact of Moral Beliefs on Legal Developments
Fetal Status in Antebellum America
Changes in Nineteenth-Century Legal Doctrine
The Movement to Criminalize Abortion
Changes in the Legal Status of the Fetus in Civil Cases
The Criminalization of Third-Party Fetal Killing
The Movement to Reform Abortion Laws
Expansion of Fetal Rights
Applying the Adversarial Lens to the Other Fetal Policy Areas
The Problem of Substance Abuse by Pregnant Women
Summary
Interpreting the Patterns
Abortion Policymaking in the States
The Policy Framework
Morality Policy as Social Regulation and the Redistribution of Values
Applying the Morality Policy Framework to Fetal Policies
Abortion Policymaking
State Laws Banning Abortion
The Shift toward Enacting Limited Abortion Bans
Overall Restrictiveness of Abortion Bans
Post-Roe Restrictions on Abortion
Restrictions on Adult Women
Restrictions on Minors
Measuring the Overall Restrictiveness of Abortion Laws
Summary
Prenatal Drug Exposure and Third-Party Fetal Killings
One-Sided Morality Policymaking and Fetal Status
Policy Responses to Substance Abuse by Pregnant Women
Legislative Responses to the Problem of Prenatal Drug Exposure
Criminal Prosecution of Pregnant Addicts
Policy Responses to Third-Party Fetal Assaults and Killings
Legislative Responses to Third-Party Fetal Assaults and Killings
Third-Party Fetal Killing Statutes
Judicial Responses to Third-Party Fetal Killings
Summary
Explaining Fetal Policies across the States
Searching for the Common Thread in Fetal Policies
Public Opinion and State Abortion Policies
Public Opinion and State Policies toward Prenatal Drug Exposure
Public Opinion and Policies toward Third-Party Fetal Killing
Summing Up the Impact of Public Opinion
Assessing the Fetal Rights and Women's Rights Narratives
Modeling Abortion Policymaking in the States
Summary
Where Do We Go from Here?
Federalism and Fetal Personhood
The States'-Rights Approach to Fetal Personhood
New Assaults on Abortion Rights
New Efforts to Expand Fetal Rights/Personhood
Enormous Disparities in Legal Status of the Fetus
The Link between Fetal Rights and the Antiabortion Movement
An Opportunity to Find Common Ground
References
List of Cases
Subject Index
Legal Index

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