Rewriting Roe v. Wade.
Mich Law Rev
; 77(7): 1569-646, 1979 Aug.
Article
en En
| MEDLINE
| ID: mdl-10245966
PIP: Presented in this essay are suggestions for rewriting Roe vs. Wade, the case that resulted in the establishment of a constitutional right to abortion. Essentially, the argument is 1 of equal protection. It is suggested that abortion be viewed as presenting a problem that might be termed "the law of samaritanism" -- the law regarding obligations imposed on certain individuals to provide assistance to others. In American law it is a deeply rooted principle that an individual is ordinarily not required to volunteer assistance to another individual who is in danger or in need of aid. The argument presented maintains that if a pregnant woman is required to carry the fetus to term and deliver it, then she is being compelled to be a Good Samaritan. It is argued further that if the generally limited scope of obligations of samaritanism under current law are considered, and the special nature of the burdens imposed on pregnant women by laws forbidding abortion are also considered, the obvious conclusion is that the equal protection clause forbids imposition of these burdens on pregnant women. The argument is developed in a lengthy form and calls for an extended discussion of the law of samaritanism. The uniqueness of the abortion case also creates problems as the equal protection argument is approached, and an approach to equal protection questions is sketched.^ieng
Palabras clave
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Colección:
01-internacional
Base de datos:
MEDLINE
Asunto principal:
Derechos de la Mujer
/
Aborto Legal
/
Mujeres Embarazadas
Límite:
Female
/
Humans
/
Pregnancy
País/Región como asunto:
America do norte
Idioma:
En
Revista:
Mich Law Rev
Asunto de la revista:
JURISPRUDENCIA
Año:
1979
Tipo del documento:
Article
Pais de publicación:
Estados Unidos