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 possible choices with almost certainly 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 possibly win wide aid had to make felony abortion companies on hand to all ladies.
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Extra resources for Abortion and Social Responsibility: Depolarizing the Debate (Studies in Feminist Philosophy)
88 Dworkin's third reason is that, after viability, the fetus is sufficiently developed such that to abort at that time without medical reasons would demonstrate a failure to treat the taking of human life in a serious and responsible way. Dworkin's combined reasons for defending viability are inadequate. First, although viability may coincide with the onset of sentience, the criteria for sentience are highly disputable, and sentience and viability would diverge if sentience were thought to occur earlier.
At least two of these laws were struck down by lower courts on the grounds that this language was vague. 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.
87 Dworkin argues that the viability timeframe, though not necessary, is appropriate for three reasons: First, at about the time of fetal viability but not much before, the brain may have developed sufficiently so that a primitive form of fetal sentience is possible. A fetus might then sensibly be said to have interests of its own. . 88 Dworkin's third reason is that, after viability, the fetus is sufficiently developed such that to abort at that time without medical reasons would demonstrate a failure to treat the taking of human life in a serious and responsible way.
Abortion and Social Responsibility: Depolarizing the Debate (Studies in Feminist Philosophy) by Laurie Shrage