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Beyond stork delivery: From injury to autonomy in reconceptualising ‘harm’ in wrongful pregnancy

Priaulx, Nicolette Michelle 2006. Beyond stork delivery: From injury to autonomy in reconceptualising ‘harm’ in wrongful pregnancy. Studies in Law, Politics & Society 38 , pp. 105-149. 10.1016/S1059-4337(05)38004-5

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Abstract

Can one describe the ‘natural’ process of pregnancy as ‘harm’, even when negligently brought about? What does that harm consist of? Offering a contextual analysis of the English judiciary's characterisation of wrongful pregnancy, this paper demonstrates from a feminist perspective that the current construction of pregnancy as a ‘personal injury’ is deeply problematic. Forwarding an alternative account, this paper argues for law to embrace a richer notion of autonomy that will better resonate with women's diverse experiences of reproduction, and articulate the importance of autonomy in the reproductive domain: notably, women gaining control over their moral, relational and social lives.

Item Type: Article
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
Publisher: Emerald
ISSN: 1059-4337
Last Modified: 04 Jun 2017 06:10
URI: http://orca.cf.ac.uk/id/eprint/56976

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