Autonomy and Pregnancy

Halliday, Samantha

doi:10.4324/9781843147206

Cited by 4 publications

(2 citation statements)

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“…Thus, in the context of family law, individual autonomy primarily concerns women's autonomy. Many scholars consider women's ability to seek and obtain legal abortions as the ultimate expression of their right to individual freedom and the right to choose (Halliday, 2016; Superson, 2014). Table 5 employs the comparative abortion index (Forman‐Rabinovici & Sommer, 2018), which quantifies the permissiveness of abortion policies worldwide to measure individual choice and autonomy.…”

Section: The Correlates Of Reformmentioning

confidence: 99%

A global and historical exploration: Legislative reform in Muslim family laws in Muslim‐majority versus Muslim‐minority countries

Sezgin

2023

Law & Policy

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Thirty-five Muslim-majority and 18 Muslim-minority countries formally integrate Muslim Family Laws (MFLs) into their legal systems and enforce them through state courts. Both Muslim-majority and Muslim-minority governments have undertaken legislative reforms to alleviate the effects of religious laws on fundamental human rights, increase accountability and accessibility, and strengthen the rule of law within their MFL systems. Extant literature is silent on whether MFLs are more reformed or more human rights and the rule of law compliant in Muslim-majority or Muslim-minority countries. Utilizing a novel methodological tool, the MFL Index, this exploratory article surveys cross-national and historical trends in MFL reform . It shows that Muslim-majority and -minority governments have opted for different forms of legislative reform. Muslim-majority countries favored substantive reform, while Muslim-minority states prioritized exit reforms. The type and extent of reform were strongly associated with colonial heritage, secularism, women's activism, ethnoreligious diversity, and prevailing multicultural arrangements. These findings have implications for studying multicultural theory, human/women's rights, and democratization in the Muslim world and beyond. | INTRODUCTION"The Muslim community in India has many problems. But I believe that Indian women under the Muslim personal law are better off than women under Islamic family laws in Iran or Saudi

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Section: The Correlates Of Reformmentioning

confidence: 99%

A global and historical exploration: Legislative reform in Muslim family laws in Muslim‐majority versus Muslim‐minority countries

Sezgin

2023

Law & Policy

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“…In the eyes of Beijing, Li has become more dangerous than Bin Laden. 83 Li Heping, who insists on radical evolution and political transition in China through strengthening both law and the Constitution, is viewed as an internal hostile force who has significantly threatened the stability and harmony of society. The authorities have responded with fear, and thus have resorted to an array of penalties including force, coercion, torture, disappearances, and imprisonment.…”

Section: The Struggle For Existence: the Situation Of Progressive Refmentioning

confidence: 99%

Do Birds of a Feather Flock Together? Rights Protection (Weiquan) Lawyering in China

2018

AsianJLS

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As the idiom goes, birds of a feather flock together. This ancient proverb is frequently used to portray the phenomenon of people associating with those with have similar characteristics and tastes. However, in the name ofweiquanlawyers, myriad lawyers flock together with different beliefs and diverse values. Within this pool of lawyers, in addition to those lawyers who are driven by public interest, some lawyers who have eagerly labelled themselves asweiquanlawyers are profit-oriented in nature. This paper aims to provide a new typology to present a better understanding of the role ofweiquanlawyers, by jointly taking into consideration the lawyers’ motivations and adaptive strategies. In this regard,weiquanlawyers in China can be categorized into four ideal types: routine practitioners, rational activists, progressive reformers, and cynical criticizers.

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Parental obligation and compelled caesarean section: careful analogies and reliable reasoning about individual cases

Kingma

Porter

2020

J Med Ethics

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Whether it is morally permissible to compel women to undergo a caesarean section is a topic of longstanding debate. Despite plenty of arguments against the moral permissibility of a forced caesarean section, the question keeps cropping up. This paper seeks to scrutinise a particular moral argument in favour of compulsion: the appeal to parental obligation. We present what we take to be a distillation of the basic form of this argument. We then argue that, in the absence of an exhaustive theory of parental obligation, the question of whether a labouring woman is morally obliged to undergo emergency surgery—and especially the further question of it is morally permissible for third parties to compel this—cannot be answered via ready-made theory. We propose that the most viable option for settling both questions is by analogy. We follow earlier writers in presenting an analogous case—that of fathers being compelled to undergo non-consensual invasive surgery to save their children—but expand the analogy by considering objections that appeal to the ownership of the fetus. We offer two lines of response: (1) the parthood view of pregnancy and (2) chimaera dad. We argue that it is clear in the analogous case that compulsion cannot be justified. We also offer this analogy as a useful tool for assessing whether mothers have a moral duty to undergo caesarean sections, both in general and in particular cases, even if such a duty is insufficient to warrant compulsion.

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Autonomy and Pregnancy

Cited by 4 publications

References 0 publications

A global and historical exploration: Legislative reform in Muslim family laws in Muslim‐majority versus Muslim‐minority countries

A global and historical exploration: Legislative reform in Muslim family laws in Muslim‐majority versus Muslim‐minority countries

Do Birds of a Feather Flock Together? Rights Protection (Weiquan) Lawyering in China

Parental obligation and compelled caesarean section: careful analogies and reliable reasoning about individual cases

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