Chapter 5 Key debates

Topic

Author/Academic

Viewpoint

Source

Medical paternalism and the foetus

J Wyatt

The author argues that the establishment of neonatal units are testimony to the concept that even very premature infants may survive and deserve the best care. The concept of viability linked to 24 weeks is therefore obscure and the time limit with section 1(1)(a) should be amended.

Journal of Medical Ethics 2001; 27: ii 18 ii 20

Interpreting the Disability Ground of the Abortion Act

R Scott

This article considers several interpretations as to how the disability ground of the Abortion Act might be interpreted: Hansard; the Royal College of Obstetricians and Gynaecologists guidelines; existing case law on wrongful birth and case law on abortion under the European Convention on Human Rights.

Cambridge L J 2005; 388-412

The beginning of life

J Samanta and A Samanta

A resume is provided regarding interpretation of the grounds of foetal abnormality, medical issues in this area, selective reduction and the living abortus.

Medical Law, Palgrave Macmillan Law Masters (2014)

The rights and wrongs of abortion

J Finnis

This article provides a strong sanctity of life perspective and is one of the leading articles on the subject. The author believes that a foetus is a person from conception and argues that abortion is always morally wrong.

Philosophy and Public Affairs 1973; 2: 117-145

The new law of abortion: classification or ambiguity?


A Grubb.

This article includes a useful discussion of the inherent ambiguity of section 1(1) (a) of the Abortion Act 1967 in respect of gestational age.


Criminal L Rev 1991: September: 659–670.

The decriminalisation of abortion: an argument for modernisation.

S Sheldon.

The author argues that the legal framework of abortion is in need of reform and that specific criminal penalties should be removed.

Oxford Journal of Legal Studies 2015; 35(4) Published online September 2015

Is sex selection abortion against the law?

K Greasley.

The author argues that abortion based on gender selection can be lawful as long as the grounds in section 1 of the Abortion Act 1967 are satisfied and confirmed by two independent doctors.

Oxford Journal of Legal Studies 2015 doi: 10.1093/ojls/gqv031

A defence of abortion.

J Jarvis Thomson.

This article provides one of the most significant and well-known arguments relating to self-determination of the pregnant woman. It provides the ‘violinist analogy’ whereby a woman is connected to a world famous violinist for nine months in order to save his life. The question is raised as to whether the woman should be free to detach herself and the analogy is extended to the situation of a pregnant woman.

Philosophy and Public Affairs 1971; 1: 47–66

Life’s dominion: an argument about abortion and euthanasia.

R Dworkin.

The author attempts to bridge the gap between the right to life and right to choose perspectives. He considers that both groups share a commitment to the sanctity of life. He argues that the focus for the differences in thinking should centre on what he terms the ‘frustration of life’ in respect of a premature death in the context of aborting a foetus.


R Dworkin, Life’s Dominion: An Argument about Abortion and Euthanasia (London: Harper Collins, 1993)

 Why abortion is immoral.

 


D Marquis.


In a seminal article the author argues on secular grounds that abortion is inherently wrong on the basis that it deprives a foetus of a ‘future like ours’. It is considered to be persuasive in that it eliminates problematic issues such as whether the foetus is a person with rights.

The Journal of Philosophy 1989: 86; 183–202

 A Defence of Abortion.

 D Boonin.

 The author asserts very persuasively that abortion can be justified on moral grounds and from a secular perspective. He critically evaluates several pro-life arguments as 


well as a range of feminist arguments to conclude that all these arguments are ultimately unpersuasive.

 D Boonin, A Defence of Abortion (Cambridge: Cambridge University Press, 2003)

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