Download Abortion Rights as Religious Freedom by Peter Wenz PDF

By Peter Wenz

ISBN-10: 0877228574

ISBN-13: 9780877228578

With the present composition of the ideally suited court docket and up to date demanding situations to Roe v. Wade, Peter S. Wenz's new method of the moral, ethical, and criminal concerns regarding a woman's correct to optionally available abortion may well flip the tide during this debate. He argues that the perfect court docket reached the ideal selection in Roe v. Wade yet for the incorrect purposes. Wenz contends woman's correct to terminate her being pregnant may be established, no longer on her constitutional correct to privateness, yet at the constitutional warrantly of non secular freedom, a foundation for freedom of selection that's not topic to the criminal criticisms complex opposed to Roe. a minimum of as much as the twentieth week of a being pregnant, one's trust even if a human fetus is a human individual or now not is a spiritual choice. He keeps that simply because questions on the ethical prestige of a fetus are non secular, it follows that anti-abortion laws, to the level that it truly is predicated on such "inherently spiritual beliefs," is unconstitutional. during this well timed and topical publication, Wenz additionally examines similar circumstances that take care of executive intervention in an individual's procreative existence, the law of contraceptives, and different laws that's both utilized to or imposed upon opt for teams of individuals (e.g., homosexuals, drug addicts). He builds a concrete argument which could exchange Roe v. Wade. writer notice: Peter S. Wenz is Professor of Philosophy and felony stories at Sangamon kingdom collage.

Show description

Read or Download Abortion Rights as Religious Freedom PDF

Best women's studies books

Cut of the Real: Subjectivity in Poststructuralist Philosophy

Following François Laruelle's nonstandard philosophy and the paintings of Judith Butler, Drucilla Cornell, Luce Irigaray, and Rosi Braidotti, Katerina Kolozova reclaims the relevance of different types commonly rendered "unthinkable" through postmodern feminist philosophies, akin to "the real," "the one," "the limit," and "finality," seriously repositioning poststructuralist feminist philosophy and gender/queer reports.

What Do Women Want?: Essays by Erica Jong

Erica Jong's principles of writing are "never reduce funny" and "keep the pages turning. " And Jong offers in those twenty-six essays, coupling frank and risqué tales approximately her personal existence with provocative items on her ardour for politics, literature, Italy, and-yes-sex. initially released in 1998, this up to date version gains 4 new essays.

Isabel Rules: Constructing Queenship, Wielding Power

As queen of Spain, Isabel I of Castile (known to heritage as Isabella the Catholic, 1474-1504) oversaw the construction of Europe's first countryside and laid the principles for its emergence because the greatest empire the West has ever known-nearly a century ahead of the higher identified and extra commonly studied Elizabeth I of britain.

Women of courage: inspiring stories from the women who lived them

In ladies of braveness greater than forty ladies inform intimate stories of bravery that extend the definition of braveness. by way of writing concerning the occasions of their lives once they were such a lot in melancholy, and revealing the internal assets that helped them continue to exist, those powerful girls motivate readers to acknowledge their very own acts of braveness.

Additional resources for Abortion Rights as Religious Freedom

Example text

Harlan's argument here is structurally identical to Stewart's substantive due process rationale in Roe v. Wade. Since we are mainly interested in Roe, I postpone criticism of this kind of rationale until I consider it in the context of Stewart's opinion in Roe. Suffice it to say that the problems are formidable and account for the fact that Douglas avoided appealing to substantive due process in his Griswold opinion, as he had earlier tried to avoid it in his Skinner opinion. Writing for the Court, which agreed with Harlan that Connecticut's statute was unconstitutional, Douglas based his decision in Griswold on the statute's authorization of undue interference with intrafamilial relationships.

The reason, said Brennan, is this: "The marital couple is not an independent entity with a mind and heart of its own, but an association of two individuals, each with a separate intellectual and emotional makeup. If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child. "24 Brennan here takes the notion of privacy away from the intrafamilial context in which it was developed by Douglas in Griswold and applies it to the notion developed in Skinner that people have a fundamental right to control their procreation.

So the Griswold decision reinforces the view generalized from the Pierce decision that people have special rights regarding intrafamilial relationships. Harlan, in contrast, rejected the view that the Bill of Rights protects more than the rights explicitly mentioned therein. He maintained, instead, that the Due Process Clause of the Fourteenth Amendment protects certain fundamental rights, regardless of the fact that those rights are not mentioned in the Constitution. Following a generalization from the Skinner decision, he includes among these the right to control one's own procreative powers.

Download PDF sample

Abortion Rights as Religious Freedom by Peter Wenz

by Daniel

Rated 4.85 of 5 – based on 4 votes