A Caring Jurisprudence: Listening to Patients at the Supreme Court

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Rowman & Littlefield Publishers, Aug 31, 1999 - Political Science - 208 pages
In deciding the abortion and physician assisted suicide cases, a majority of the Justices of the United States Supreme Court drew on medical knowledge to inform their opinions while dismissing the distinctively different knowledge offered by patients. Following the legal norms derived from the ethic of justice, the CourtOs deference toward the Ouniversal,O Oimpartial,O and OreasonedO knowledge of the medical profession and its disregard of the Oparticular,O Oinvolved,O and OemotionalO knowledge of patients seemed inevitable as well as justified. But was it? This book argues that it is both possible and proper to develop a jurisprudence capable of incorporating the knowledge of patients. Drawing on feminist scholarship, this book proposes a model for a Ocaring jurisprudenceO that integrates the ethic of justice and the ethic of care to ensure that patientsO knowledge is included in judicial decision making.
 

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Contents

Three Versions of a Story The Medical Legal and Personal
1
The Abortion Cases The Merging of Medical and Legal Knowledge
31
The PhysicianAssisted Suicide Cases The Triumph of Medical Knowledge over Patients Knowledge
65
A Jurisprudence of Justice and Care Enabling the Court to Hear the Knowledge of Patients
103
Listening to Patients The Abortion and PhysicianAssisted Suicide Cases Revisited
133
Notes
167
List of Cases
173
References
175
Index
185
About the Author
193
Copyright

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About the author (1999)

Susan M. Behuniak is professor of political science at Le Moyne College.

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