The harm paradox: tort law and the unwanted child in an era of choice
Offering the first comprehensive theoretical engagement with actions for wrongful conception and birth, The Harm Paradoxprovides readers with an insightful critique into the concepts of choice, responsibility and personhood. Raising fundamental questions relating to birth, abortion, family planning and disability, Priaulx challenges the law'Č"s response that enforced parenthood is a harmless outcome and examines the concept of autonomy, gender and women'Č"s reproductive freedom. It explores a wealth of questions, including: Can a healthy child resulting from negligence in family planning procedures constitute 'Č▄harm'Č" sounding in damages, when so many see its birth as a blessing? Can a pregnancy constitute an 'Č▄injury'Č" when many women choose that very event? Are parents really harmed, when they choose to keep their much loved but 'Č▄unwanted child'Č"? Why don'Č"t women seek an abortion if the consequences of pregnancy are seen as harmful? An exciting and original contribution to the fields of medical law and ethics, tort law and feminist jurisprudence, this is an excellent resource for both students and practitioners.
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The beginning of the decline
Health disability and harm
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The Harm Paradox: Tort Law and the Unwanted Child in an Era of Choice
No preview available - 2007
Abortion Act 1967 actionable physical actions approach arguably argues avoid body burden Cattanach v Melchior child maintenance childbirth choose claim claimant Conaghan concept of autonomy conception and birth conceptualised consequences considered constitute construction context corrective justice costs courts damages decision disabled child distributive justice Emeh emotional exercise experience foetus Hale LJ Health Authority healthy child House of Lords human illustrates individuals intervening cause keep the child law of tort Limitation Act 1980 lives Lord Millett Lord Steyn Lordships McFarlane mitigation doctrine moral mother Naffine nature negligence NHS Trust notion Parental Interests Argument parenthood personal injury personhood perspective physical pregnancy and childbirth question reasonable recognised Rees relational reproductive autonomy reproductive torts responsibility result risk sexual Sheldon significant sterilisation suffered suggests tion tort law unreasonable unwanted child unwanted pregnancy vasectomy woman women wrongful birth wrongful conception wrongful pregnancy