Pro-Choice and Anti-Abortion: Constitutional Theory and Public Policy

Pro-Choice and Anti-Abortion: Constitutional Theory and Public Policy

by James R. Bowers
     
 

ISBN-10: 0275949648

ISBN-13: 9780275949648

Pub. Date: 06/30/1994

Publisher: ABC-CLIO, Incorporated

Bowers argues that, when correctly interpreted and applied, the Constitution and the theory of liberty on which it is based require government to reject the conventional pro-choice and anti-abortion perspectives as too extreme and incomplete. Instead, this book sets forth a position that government is constitutionally obligated to approach abortion policy from a

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Overview

Bowers argues that, when correctly interpreted and applied, the Constitution and the theory of liberty on which it is based require government to reject the conventional pro-choice and anti-abortion perspectives as too extreme and incomplete. Instead, this book sets forth a position that government is constitutionally obligated to approach abortion policy from a middle perspective. Relying on a jurisprudence of original theory, Pro-Choice and Anti-Abortion forcefully asserts that government is constitutionally constrained to formulate abortion policy that is at once pro-choice and anti-abortion. In so arguing, this book walks readers through this constitutionally mandated middle position by introducing them to the liberal teachings of John Locke that were so influential to the framers of the Constitution and by applying this political theory to the major issues of the abortion controversy—including the individual liberty interest in the abortion decision, minors and abortions, the liberty interest of the fetal-being, and the Freedom of Choice Act.

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Product Details

ISBN-13:
9780275949648
Publisher:
ABC-CLIO, Incorporated
Publication date:
06/30/1994
Pages:
150
Product dimensions:
6.00(w) x 9.00(h) x 0.50(d)

Table of Contents

Preface

Reconciling the Irreconcilable

An Introduction to John Locke's Liberalism

Locke's Liberalism and the Constitution

A Lockean Understanding of the Liberty Interest in the Abortion Decision

The Abortion Decision and Minor Women

Fetal-Being Personhood, Preservation, and Limits on the Abortion Decision

The Freedom of Choice Act

List of Cases

References

Index

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