A Caring Jurisprudence: Listening to Patients at the Supreme Court

Overview

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 Court's deference toward the Ouniversal,O Oimpartial,O and 'reasoned' knowledge of the medical profession and its disregard of the Oparticular,O Oinvolved,O and 'emotional' knowledge of patients seemed...

See more details below
Other sellers (Hardcover)
  • All (8) from $1.99   
  • New (3) from $19.99   
  • Used (5) from $1.99   
A Caring Jurisprudence: Listening to Patients at the Supreme Court

Available on NOOK devices and apps  
  • NOOK Devices
  • NOOK HD/HD+ Tablet
  • NOOK
  • NOOK Color
  • NOOK Tablet
  • Tablet/Phone
  • NOOK for Windows 8 Tablet
  • NOOK for iOS
  • NOOK for Android
  • NOOK Kids for iPad
  • PC/Mac
  • NOOK for Windows 8
  • NOOK for PC
  • NOOK for Mac
  • NOOK Study
  • NOOK for Web

Want a NOOK? Explore Now

NOOK Book (eBook)
$71.49
BN.com price
(Save 15%)$84.99 List Price

Overview

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 Court's deference toward the Ouniversal,O Oimpartial,O and 'reasoned' knowledge of the medical profession and its disregard of the Oparticular,O Oinvolved,O and 'emotional' 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 'caring jurisprudence' that integrates the ethic of justice and the ethic of care to ensure that patientsO knowledge is included in judicial decision making.

Read More Show Less

Editorial Reviews

Golden Gate University Law Review
scholarly and articulate challenges to the traditional American legal system . . . an important addition to feminist legal scholarship, which could effectively serve as a suplementary text in any law school classroom where modern constitutional theory or feminist jurisprudence is taught. Beyond that, the book provides a methodology to support and encourage judges in finding better ways to temper justice with compassion by inviting personal stories and voices into the judicial process.
— Kim Harvey, Golden Gate University School of Law
CHOICE
Challenges the traditional notion that judicial decision making should be impartial, reasoned, and universally applied. . . . The model and the book are interesting and thought-provoking.
— M.W. Bowers
Political Studies
This timely and informative book presents a clear argument for reconstructing a legal system that speaks to patient's lives.
American Political Science Review
A Caring Jurisprudence is an exceptional study of how the medical, legal, and personal versions of cases are heard in the courts, and it demonstrates the predominance of medical and legal views over the personal views of patients in the judicial process...This book is not only methodologically sound but also is well written and has a practical application. Behuniak's model is adaptable to many other types of cases involving patients and medicine, and it is as applicable to cases that involve mental health issues as it is to those that involve physical health issues. A Caring Jurisprudence should be read not only by academics but also by practitioners, including judges and justices of the Court.
— Donna R. Kemp, California State University
Choice
Challenges the traditional notion that judicial decision making should be impartial, reasoned, and universally applied. . . . The model and the book are interesting and thought-provoking.
— M.W. Bowers, University of Nevada, Las Vegas
Political Studies Review
This timely and informative book presents a clear argument for reconstructing a legal system that speaks to patient's lives.
Robin West
This careful, thoughtful, and moving account of the Supreme Court's privacy cases should be of great interest to scholars in all disciplines interested in the Court and of the ideals and practices that guide it. Behuniak's book is a plea to judges at all levels to listen empathically to patients' knowledge and to integrate that knowledge into a more caring jurisprudence. She convincingly traces the inhumane consequences, in our law and in our ideals for law, of their failure, to date, to do so.
Gayle Binion
Professor Behuniak has written a provocative book, challenging the nature of knowledge that is admissible in courts of law. Drawing on the case law governing abortion and the right to assisted suicide, and spoken in a clearly feminist voice, the author makes an effective argument for law to accept, indeed to welcome, the knowledge of the patient as evidence in litigation.
Alison M. Jaggar
Behuniak’s argument is original and persuasive. Her book is an important contribution to the emerging tradition of care thinking in the area of jurisprudence.
James M. Hoefler
Professor Behuniak has produced a cleanly written, methodically argued, and profoundly original analysis that challenges orthodox understandings of jurisprudence. Her investigation of why legal decision making should be tempered with an ethic of care and the plumbing of the consequences of a 'caring jurisprudence' for two crucial legal issues of our time—abortion and assisted suicide—are both inspired and inspiring. Her intriguing analysis should prove instructive in thinking about constitutional rights for years to come.
Joan C. Tronto
Sue Behuniak thoughtfully applies the developing feminist ethic of care to suggest a new approach to two important public policies, abortion and physician assisted suicide. She argues that these issues can not only be left to lawyers and doctors, but must also reflect the real knowledge of the people involved. Her perspective brings a key set of feminist ideas to bear on important public policy issues.
Judith A. Baer
Justice and care are easy to divide; but how do we unite them into a holistic jurisprudence? This is the complex and difficult task that Susan Behuniak sets herself in A Caring Jurisprudence. The questions she poses and the answers she reaches will engage the interests of feminist and legal scholars alike.
Golden Gate University Law Review - Kim Harvey
scholarly and articulate challenges to the traditional American legal system . . . an important addition to feminist legal scholarship, which could effectively serve as a suplementary text in any law school classroom where modern constitutional theory or feminist jurisprudence is taught. Beyond that, the book provides a methodology to support and encourage judges in finding better ways to temper justice with compassion by inviting personal stories and voices into the judicial process.
CHOICE - M.W. Bowers
Challenges the traditional notion that judicial decision making should be impartial, reasoned, and universally applied. . . . The model and the book are interesting and thought-provoking.
Alexandra Dundas Todd
"Behuniak's model for change is a progressive one, complementing restorative justice movements in the criminal justice system and a shift toward integrative medicines in health care. In all these arenas there is a call for the honoring of diverse voices. Integration and expansion rather than replacement is the goal—both/and rather than either/or is the approach. A Caring Jurisprudence is a valuable contribution to this trend.
American Political Science Review - Donna R. Kemp
A Caring Jurisprudence is an exceptional study of how the medical, legal, and personal versions of cases are heard in the courts, and it demonstrates the predominance of medical and legal views over the personal views of patients in the judicial process...This book is not only methodologically sound but also is well written and has a practical application. Behuniak's model is adaptable to many other types of cases involving patients and medicine, and it is as applicable to cases that involve mental health issues as it is to those that involve physical health issues. A Caring Jurisprudence should be read not only by academics but also by practitioners, including judges and justices of the Court.
Robin West
This careful, thoughtful, and moving account of the Supreme Court's privacy cases should be of great interest to scholars in all disciplines interested in the Court and of the ideals and practices that guide it. Behuniak's book is a plea to judges at all levels to listen empathically to patients' knowledge and to integrate that knowledge into a more caring jurisprudence. She convincingly traces the inhumane consequences, in our law and in our ideals for law, of their failure, to date, to do so.
Gayle Binion
Professor Behuniak has written a provocative book, challenging the nature of knowledge that is admissible in courts of law. Drawing on the case law governing abortion and the right to assisted suicide, and spoken in a clearly feminist voice, the author makes an effective argument for law to accept, indeed to welcome, the knowledge of the patient as evidence in litigation..
Read More Show Less

Product Details

  • ISBN-13: 9780847694549
  • Publisher: Rowman & Littlefield Publishers, Inc.
  • Publication date: 8/28/1999
  • Pages: 208
  • Product dimensions: 6.10 (w) x 9.00 (h) x 0.70 (d)

Meet the Author

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

Read More Show Less

Table of Contents

Chapter 1 Introduction Chapter 2 Three Versions of a Story: Medical, Legal, and Personal Chapter 3 The Abortion Cases: The Merging of Medical and Legal Knowledge Chapter 4 The Physician Assisted Suicide Cases: The Triumph of Medical Knowledge over Patients’ Knowledge Chapter 5 A Jurisprudence of Justice and Care: Enabling the Court to Hear the Knowledge of Patients Chapter 6 Listening to Patients: The Abortion and Physician Assisted Suicide Cases Revisited

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)