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9781844721085

The Harm Paradox: Tort Law and the Unwanted Child in an Era of Choice

by ;
  • ISBN13:

    9781844721085

  • ISBN10:

    1844721086

  • Edition: 1st
  • Format: Nonspecific Binding
  • Copyright: 2006-12-31
  • Publisher: Cavendish Pub Ltd

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Summary

Offering the first comprehensive theoretical engagement with actions for wrongful conception and birth, The Harm Paradox provides 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?s response that enforced parenthood is a harmless outcome and examines the concept of autonomy, gender and women?s reproductive freedom. It explores a wealth of questions, including: Can a healthy child resulting from negligence in family planning procedures constitute ?harm? sounding in damages, when so many see its birth as a blessing? Can a pregnancy constitute an ?injury? when many women choose that very event? Are parents really harmed, when they choose to keep their much loved but ?unwanted child?? Why don?t women seek an abortion if the consequences of pregnancy are seen asharmful? 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.

Table of Contents

The Place of ""Tradition"" and ""Modernity"" in Szai Time Politics: Observing a Knack for Allochrony
Kingship and Kinship: Swazi ""Tradition"" as Hierarchy and Encompassment
""Swazi Law and Custom"" versus the ""Customary Law"" of Swaziland: A Perspectival Rendering
Swazi Modernism and Swazi Diversity: Creative Invocations of ""the Global"" and ""the Local""
Aesthetic Globalism and Swazi Kingshiip: The ""Place"" of the Non-Swazi
Swazi Sovereignty and Legal Jurisdiction
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Table of Contents provided by Publisher. All Rights Reserved.

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